SHAHRU Vs. STATE OF U P

JUDGEMENT

(1.) Since these appeals relate to the one and same crime and arises out of the common judgment therefore, they have been heard together and are being decided by this common judgment. The judgment is being passed in Criminal Appeal No. 4027 of 2005; Shahru v. State of U.P.

(2.) The Additional Sessions Judge (Court No. 4), Pilibhit, Sri Jai Veer Singh has made reference for confirmation of death sentence, passed by him against the appellant Shahru who has been convicted for the offence punishable under Section 302 I.P.C. and sentenced to death. He has further been convicted for the offence punishable under Section 394 I.P.C and sentenced to undergo R.I. for 10 years with a fine of Rs. 10,000/ and in default of payment of fine, additional R.I. for two years has been awarded. He has further been convicted for the offence punishable under Section 201 I.P.C and sentenced to undergo R.I. for 7 years with a fine of Rs. 10,000/- and in default of payment of fine, additional R.I. for one year has also been awarded.

(3.) These appeals have also been preferred by the accused/appellants against the judgment and order dated 24.8.2005, passed by Shri Jaiveer Singh, the then Addl. District & Sessions Judge (Court No. 4), Pilibhit in Sessions Trial Nos. 36 of 2003 and 638 of 2003, by which the appellants Dr. Israr Sakib, Dr. Azaher and Mohd Rashid @ Chand, have been convicted for the offences punishable under Section 302 read with Section 34 I.P.C. and sentenced to life imprisonment with a fine of Rs. 15000/- each and in default of payment of fine, additional R.I. for 3 years. They have further been convicted for the offence punishable under Section 394 I.P.C and sentenced to undergo R.I. for 10 years with a fine of 10,000/ each and in default of payment of fine, they shall undergone additional R.I. for two years. They have further been convicted for the offence punishable under Section 201 I.P.C and sentenced to undergo R.I. For 7 years with a fine of 10,000/ each and in default of payment of fine additional R.I. for one year. Accused/appellants Shameem, Smt. Reshma, Smt. Rashmi, Smt. Anjum, Husna, and Muslima have been convicted for the offence punishable under Section 201 I.P.C and sentenced to undergo R.I. For 7 years with a fine of Rs. 10,000/ each and in default of payment of fine additional R.I. for one year. All the accused/appellants have been acquitted for the charges under Sections 364/411 I.P.C. There were two other persons namely Ritesh Agrawal and Raja Ram before the Trial Court who were acquitted for the charges under Sections 394/411/201 I.P.C. Both the above noted cases were jointly tried by the learned Trial Court and the judgment was delivered in ST. No. 36 of 2003.