(1.) THIS judgment will dispose of Criminal Reference No. 2 of 2004, Criminal Appeal, No. 45 of 2004 and Criminal Appeal No. 46 of 2004.
(2.) CRIMINAL Appeal No. 45 of 2004 is filed by accused Liyakat, while Criminal Appeal No. 46 ,of 2004 is filed. by accused Zaheera. Reference is necessitated as the Additional District and Sessions Judge/ First Fast Track Court, Hardwar, has awarded death sentence to accused Liyakat. He also awarded sentence of imprisonment for life to accused no. 3 Zaheera. Both of them were convicted under section 302 I.P.C. as also under section 201 I.P.C., while accused no. 2 and 4, namely, accused Riyasat and Jeewani were acquitted.
(3.) GULAMI owned the house, where as per prosecution case Liyakat, Riyasat and Jeewani used to stay separately. First charge against the accused persons was that they committed murder of Noor Alam, child aged about 11/2 years. They commonly intended to commit murder and did commit murder of a child- Noor Alam. The other charge was under section 201 LPC. that they buried the body of a child with an idea to screen their criminal act. As has been stated, accused no. 2 and 4, namely, Riyasat and Jeewani, have already been acquitted.
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