(1.) ALL the above appeals arise out of the judgment and order dated 12.5.2004, passed by Addl. District and Sessions Judge, Court No. 3 Aligarh, whereby the appellant Aqueel Ahmad is convicted under Section 302, I.P.C. and sentenced to death, appellant Irfan, Chaudhary Aleem, Ashiq Ali and Shakir are convicted under Section 302/149, I.P.C. and sentenced to undergo imprisonment for life and fine of Rs. 2,000. The appellants are further convicted under Section 148, I.P.C. and sentenced to undergo rigorous imprisonment for two years.
(2.) CRIMINAL reference is for the confirmation of death sentence of appellant Aqeel Ahmad.
(3.) IN order to prove its case, the prosecution examined 12 witnesses : P.W. 1 Ahmadur Rahman Sherwani, informant of the case, P.W. 2 Iqbal Ahmad alias Shambhu, P.W. 3 Maroof Ahmad Khan, P.W. 4 Om Prakash Chaturvedi, P.W. 5 Dr. Naseem Alam, P.W. 6 Dr. Rehan Ahmad, P.W. 7 Dr. V. K. Singh, P.W. 8 Dr. Paritosh Mohan, P.W. 9 Natthu Lal Arya S.I., P.W. 10 Parnochar Shri Niwas, Head Constable, P.W. 11 Constable Yogendra Singh and P.W. 12 B. K. Tewari, INvestigating Officer of the case.
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