(1.) Heard Sri V.P. Srivastava, Sr. Advocate, learned amicus curiae for the appellant and Sri R.K. Singh, learned AGA, for the State.
(2.) This criminal jail appeal No. 6532 of 2004 has been filed by appellant Durvijai Singh against a judgment and order dated 25.11.2004 passed by Addl. Sessions Judge/FTC No. 8, Banda, convicting and sentencing the appellant to 5 years' RI and a fine of Rs. 1000.00 under Sec. 363 IPC. In default of payment of fine, the appellant has to undergo one month's RI and to 10 years' RI and a fine of Rs. 3000.00 under Sec. 376 IPC. In default of payment of fine, the appellant had to undergo a further 3 months' RI. The two sentences were to run concurrently. Under Sec. 302 Penal Code the appellant has been sentenced to death and a fine of Rs. 5000.00. In default of payment of fine, he has to undergo a sentence of 3 months' RI.
(3.) Criminal Reference No. 19 of 2004 has also been preferred by the Court of Sessions under Sec. 366 Crimial P.C. for confirmation of the sentence of death awarded to the appellant.
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