STATE Vs. KUMARI MUBIN FATIMA

JUDGEMENT

(1.) By way of Death Sentence Reference No.2/2012, this court is required to consider the legality and validity of the judgment dated 17th March, 2012 whereby the respondents in Death Reference no.2/2012 have been found guilty for commission of offences under Section 302 read with Section 34 of the IPC as well as order of sentence dated 26th March, 2012 whereby they have all been sentenced to death penalty for commission of such offences as well as payment of fine of Rs.5,000/- each and in case of default, one month's rigorous imprisonment each.

(2.) The respondents have assailed the said judgment and said order of sentence by way of the criminal appeals being Crl.A.No.472/2012, Zulfikar Ali v. State; Crl.A.No.473/2012, Mubin Fatima v. State; and Crl.A.No.474/2012, Gulbeg Ali v. State. Inasmuch as the three appeals and the death reference arise out of the same judgment based upon the same record and raise similar questions of law and fact, we are taking them together for consideration.

(3.) The principles which would govern the consideration by us of the impugned judgment as well as the sentence of death imposed by the learned trial court on the respondents are well settled. We may usefully refer the recent pronouncement of the Supreme Court placed by Ms. Ritu Gauba, learned APP before this court which is Kunal Majumdar v. State of Rajasthan, 2012 9 SCC 320 wherein the Supreme Court noticed the applicable statutory provisions and laid down binding principles thus:-