CHAMAN AND IRSHAD Vs. STATE OF U.P.

JUDGEMENT

(1.) The present Death Reference alongwith connected Capital Appeal arises out of judgment of conviction and sentence dated 23.10.2010 passed by learned Additional Sessions Judge, Court No.1, Hathras in Sessions Trials No.192 and 193, both of 2007, by which Chaman and Irshad were convicted for charge under Section 302/34 I.P.C, and sentenced to death. Accused Chaman, was also convicted for charge under Section 4/25 of the Arms Act and sentenced to three years rigorous imprisonment alongwith fine of Rs.2,000/- and in default was directed to undergo six months additional imprisonment.

(2.) The reference was made by the Learned Trial Judge for confirming the sentence of death under Section 366 Cr.P.C, in respect of Chaman and Irshad who also challenged their conviction and sentence in the connected Capital Case Appeal No.7409 of 2010.

(3.) We have heard the death reference and the connected capital appeal preferred by the convicts arising out of the same judgment of conviction and order of sentence, and the same are being disposed of by this common judgment.