In the Court of Additional Sessions Judge, Surajpur District Court

Complex, Greater Noida, Gautam Budh Nagar

Criminal/Sessions Case No. 23 / 2017

In the matter of:

State of Uttar Pradesh … Prosecution

Versus

Shyam Singh … Accused

PROJECT for ‘LAW OF CRIMES III: CRIMINAL PROCEDURE CODE II’

Submitted by:

Shivansh G. Chandra

PRN: 15010224103; Division: B; Semester/Year: VI / 3rd Year

Batch: 2015-2020

Symbiosis Law School, NOIDA

Symbiosis International (Deemed University), Pune

Under the guidance of:

Ms. Megha Nagpal

Assistant Professor
Symbiosis Law School, NOIDA
Symbiosis International (Deemed University), Pune

(Jan-Mar, 2018)

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 FINAL SUBMISSION

TABLE OF CONTENTS

S. No. PARTICULARS PAGE No.

1 Order On Sentence 3-5
2 Grounds for Appeal/Revision 6

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 In the Court of Additional Sessions Judge, Surajpur District
Court Complex, Greater Noida, Gautam Budh Nagar
Criminal/Sessions Case No. 23 / 2017

In the matter of:

State of Uttar Pradesh ...Prosecution

Versus

Shyam Singh ...Accused

S/o Lt. Ram Gopal Singh

r/o Noida Sector-63, Street No. 3,

Near St. Joseph convent School, Gautam budh Nagar.

Appearance:

Smt. Vineeta Sharma, Ld. PP ...for the State

Sh. Himanshu Dubey, Counsel ...for Accused

Offences: Under Sections 302 and 392 of Indian Penal Code, 1860.

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Plea of accused: Not Guilty

Finding: Guilty

Sentence/Order: The convict is sentenced to-

1. Rigorous imprisonment for 7 (seven) years and also to pay a fine of Rs. 15,000/-
(Rupees fifteen thousand only) and in default, to undergo rigorous imprisonment for 1
(one) year 3 (three) months more for the offence under section 392 of IPC.

2. Death for the offence punishable under section 302 of IPC and accordingly, the
accused be hanged by neck till he is dead. Fine of Rs. 25,000/- (Rupees twenty five
thousand only) to the accused is also imposed and in default, the fine will be
recovered in accordance with law.

3. The substantive sentence of imprisonment ordered shall run concurrently.

4. Death sentence imposed on the accused will be subject to confirmation of the Hon’ble
High Court of Allahabad and for that; the proceedings of the case will be forwarded to
the Hon’ble High Court.

5. The death penalty is being sent to the Hon’ble High Court for the confirmation of the
same. The file will be prepared as per the rules and sent to the Hon’ble High Court of
Allahabad.

6. The accused is also informed that he can file appeal against the judgment and order on
sentence, within a period of thirty days as per article 115 of the Limitation Act, 1963.

7. On execution of death sentence, the custodial sentence shall lapse.

8. The accused is in jail. In case the sentence imposed on the accused is commuted or
remitted by the appropriate authorities, he will be entitled to get set off the period of
detention under gone by him from 28/07/2017 till this date.

9. This court recommends that appropriate compensation under Section 357A of Cr.P.C.
be awarded to the legal heirs of the victim and hence, a copy of this judgment be sent
to the secretary, District Legal Services Authority, for deciding the quantum of
compensation to be awarded under the Victim Compensation Scheme referred to in
Sub Section 1 of Section 357A of Cr.P.C.

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 10. The accused will be sent to the Central prison, Naini Central Jail, Allahabad to serve
out the sentence.

11. The weapon seized from the house of the accused will be destroyed in accordance
with the law.

12. Certified copy of the judgment shall be immediately given to the convict free of cost
whether or not he applies for the same as contemplated under the proviso to Section
363(2) of Cr.P.C.

Judgment dictated and pronounced in the open court.

Dated: 17/01/2018 sd/-

Shivansh G. Chandra

Add. Session Judge

Surajpur District Court,

Gautam Budh Nagar

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 In the Court of Additional Sessions Judge, Surajpur District
Court Complex, Greater Noida, Gautam Budh Nagar
Criminal/Sessions Case No. 23 / 2017

In the matter of:

Shyam Singh ...Appellant/Convict

S/o Lt. Ram Gopal Singh

r/o Noida Sector-63, Street No. 3,

Near St. Joseph convent School, Gautam budh Nagar.

Versus

State of Uttar Pradesh ...Respondent/Prosecution

Appearance:

Smt. Vineeta Sharma, Ld. PP ...for the State

Sh. Himanshu Dubey, Counsel ...for Accused

Criminal appeal against conviction under section 374(2) of The Code of

Criminal Procedure, 1973

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1. The present appeal has been preferred by the appellant Shyam Singh being aggrieved
with the judgment and sentence order dated 17/01/2018 passed by Additional Session
Judge, Surajpur District Court Complex, Greater Noida, Gautam Budh Nagar in the
criminal case no. 23/2017 whereby the appellant has been convicted under section
302 and 392 of Indian Penal Code, 1860 for Death and fine of 25,000/- and for seven
years and fine of 15,000/- respectively.

2. The appeal is preferred by the accused on the grounds that -

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