(1.) Death reference under Section 366 (1) of the Code of Criminal Procedure, 1973 (for short 'the Code') for confirmation of death sentence imposed upon accused Digamber Vaishnav & Girdhari passed by the Sessions Judge, Sessions Division, Baloda Bazaar (C.G.), in Sessions Trial No.5/2013 vide judgment dated 14-5-2014, Cr.A. No.536/2014 filed on behalf of Girdhari Vaishnav and Cr.A.No.537/2014 filed on behalf of Digamber Vaishnav against their conviction and sentences are being disposed of by this common judgment.
(2.) Vide judgment of conviction and order of sentence dated 14-5-2014 passed in Sessions Trial No.5/2013, the Sessions Judge, Sessions Division, Baloda Bazaar (C.G.) after holding accused Digamber & Girdhari guilty for commission of robbery by causing injury in sharing common intention and causing homicidal death amounting to murder of Smt. Shri Bai, Smt. Subhadra, Kum. Kondi, Smt. Amrika Bai & Kum. Mala, convicted them under Sections 302 read with Section 34 (five times) & 394 read with Section 34 of the IPC and imposed death sentence (five times) and RI for ten years & fine of Rs.500/- each, in default additional RI for one month, respectively. After imposing death sentence, learned Sessions Judge has submitted proceeding under Section 366 (1) of the Code for confirmation of death sentence imposed upon the accused persons.
(3.) By filing Cr.A.Nos.536/2014 & 537/2014, appellants Girdhari Vaishnav & Digamber Vaishnav, respectively, have challenged legality and propriety of the aforesaid judgment of conviction and order of sentence dated 14-5-2014 passed by the Sessions Judge, Sessions Division, Baloda Bazaar in Sessions Trial No.5/2013, whereby and whereunder, learned Sessions Judge after holding the appellants guilty for committing robbery after causing injury in sharing common intention and causing homicidal death amounting to murder of Smt. Shri Bai, Smt. Subhadra, Kum. Kondi, Smt. Amrika Bai & Kum. Mala, convicted & sentenced them in the aforesaid manner.