- (1.)THIS criminal capital appeal, which is connected with reference No. 5 of 2007, under Section 366 of code of Criminal Procedure sent by the learned Sessions Judge, Firozabad, has been filed against the judgment and order dated 22-1-2007 passed by the learned Additional sessions Judge, Fast Track Court No. 1, firozabad whereby the appellant has been convicted and sentenced to death and a fine of Rs. 1000/- under Section 302 IPC and in case of default in payment the appellant was to undergo one year simple imprisonment; ten years RI and a fine of Rs. 1000/- under section 376 IPC and in case of default the appellant was to undergo one year simple imprisonment; seven years RI and a fine of rs. 1000/-under Section 201 IPC and in case of default the appellant was to undergo six months additional imprisonment.
(2.)AS this appeal was sent from jail, by order of this Court dated 16-4-2007 Shri s. F. A. Naqvi was appointed as amicus curiae.
(3.)WE have heard Shri S. F. A. Naqvi, learned amicus curiae who has ably represented the appellant and the learned Additional Government Advocate and perused the judgment and evidence on record.