AKHLAQ Vs. STATE OF U P

JUDGEMENT

(1.) The aforesaid two criminal appeals and capital sentence reference arise out of judgment and order of conviction and sentence dated 25/1/2005 rendered in the Sessions Trial No. 880 of 2000 by the Additional Sessions Judge, Saharanpur. Since the judgment and order challenged in these criminal appeals is one and the same and is also the subject matter of capital sentence reference made by the learned Additional Sessions Judge, all the appeals and reference are hereby taken up together for disposal.

(2.) The appellant accused Akhlaq, Salman, Imtiaz, Nanha Pahalwan and Wakkar stood their trial on the charges for the offences punishable under Sections 148, 302 read with Sections 149 and 201 I.P.C. and Section 25/4 Arms Act before the Additional Sessions Judge and have been convicted for the aforesaid offences and sentenced as following: 1. All the five accused persons have been sentenced to death for the offences punishable under Section 302 read with Section 149 I.P.C. 2. All of them have been awarded sentence to undergo rigorous imprisonment for three years for the offences punishable under Section 148 I.P.C. and have also been sentenced to undergo rigorous imprisonment for three years for the offence punishable under Section 201 I.P.C.

(3.) These accused were further directed to undergo rigorous imprisonment for six months each for the offence punishable under Section 25/4 Arms Act. The sentences awarded have been directed to run concurrently. 3. The accused Wakkar, Imtiaz, Nanhe Pahalwan and Salman have preferred their appeals in one set jointly being Criminal Appeal No. 445 of 2005 and the fifth accused Akhlaq has preferred his separate Criminal Appeal No. 701 of 2005.