(1.) This judgment will dispose of Murder Reference No.1 of 1985 (State v. Gursharan Singh etc.), Criminal Appeal No.3 of 1985 (Prabhat Kumar v. State) and Criminal Appeal No.5 of 1985 (Gursharan Singh v.State) as all these three matters arise out of the same incident, facts and circumstances.
(2.) Mr. S. M. Aggarwal, Addl. Sessions Judge, Delhi, found two persons, Gursharan Singh alias Baboo and Parbhat Kumar guilty under S. 302/34, S. 307/34 and S. 392/34 IPC and sentenced them to death under S. 302/34 and to undergo seven years' rigorous imprisonment and a fine of Rs. 1,000/- respectively under S. 307/34 and S. 392/34. Since he had awarded death sentence the same was submitted to this court for confirmation. The convicts have also preferred separate appeals registered as Cr .A.3/85 (Parbhat Kumar v. State) and Cr.A.5/85 (Gursharan Singh v. State).
(3.) We have heard .the learned counsel for .the parties at great length and we have carefully considered the facts and evidence to find out whether there is any merit in the appeals and whether the death sentence awarded should or should not be confirmed.