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Monday, October 24, 2022
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2022 SCC OnLine SC 1396
In the Supreme Court of India
(BEFORE UDAY U. LALIT, C.J. AND S. RAVINDRA BHAT AND J.B. PARDIWALA, JJ.)
Ramanand alias Nandlal Bharti … Appellant;
Versus
State of Uttar Pradesh … Respondent.
Criminal Appeal Nos. 64-65 of 2022
Decided on October 13, 2022
Advocates who appeared in this case :
For Appellant(s) Mr. S. Niranjan Reddy, Sr. Adv.
Mr. Vibhor Jain, Adv.
Ms. Stuti Rai, Adv.
Mr. Sahil Raveen, Adv.
Ms. Akhila Palem, Adv.
Mr. Mahfooz Ahsan Nazki, AOR
Mr. Polanki Gowtham, Adv.
Ms. Rajeswari Mukherjee, Adv.
Ms. Niti Richhariya, Adv.
For Respondent(s) Mr. Adarsh Upadhyay, AOR
Mr. Abhishek Chaudhary, Adv.
Mr. Anurag Kishore, Adv.
Mr. Amit Singh, Adv.
Mr. Aman Pathak, Adv.
Mr. Ajay Prajapati, Adv.
The Judgment of the Court was delivered by
J.B. PARDIWALA, J.:— Mark Twain, the great American writer and philosopher, once
said:
“It is like this, take a word, split it up into letters, the letters, may individually
mean nothing but when they are combined they will form a word pregnant with
meaning. That is the way how you have to consider the circumstantial evidence.
You have to take all the circumstances together and judge for yourself whether the
prosecution have established their case.”
2. These appeals, by special leave, arise out of the judgment and order dated
09.07.2021 passed by the High Court of Judicature at Allahabad, Bench at Lucknow
confirming the death sentence awarded to the accused appellant herein.
3. The accused appellant has been held guilty of the offence punishable under
Section 302 of the Penal Code, 1860 (for short, “the IPC”). The trial court (Sessions
Judge, Lakhimpur Kheri) sentenced the accused appellant to death under Section 302
of the IPC and pay fine of Rs. 20,000/- and in default of payment of fine to undergo
further rigorous imprisonment for one year. While the Sessions Judge, Lakhimpur
Kheri made a reference to the High Court for confirmation of death sentence under
Section 366 of the Code of Criminal Procedure (for short, “the CrPC”), the accused
appellant preferred Criminal Appeal No. 1959 of 2016 putting in issue his conviction
and sentence. The High Court dismissed the Criminal Appeal No. 1959 of 2016 filed by
the accused appellant thereby confirming the death reference under Section 366 of the
CrPC.
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