SUSHIL Vs. STATE OF U P

JUDGEMENT

(1.) A. K. Roopanwal, J. Both these criminal appeals have been filed against the judgment and order dated 13-12-2005 passed by the learned IIIrd Additional Sessions Judge, Ghaziabad in Session Trial No. 821/2004, State v. Sushil and Ors. , under Section 302/34, I. P. C. , 504 and 506, I. P. C. P. S. Haafizpur, District Ghaziabad and S. T. Nos. 822/2004, 823/2004 and 824/2004 under Section 25 of the Arms Act by which the appellants were found guilty for the offences punishable under Section 302, I. P. C. read with Section 34, I. P. C. n Sections 504 and 506, I. P. C. and Section 25 of the Arms Act and each of them have been sentenced to death for the offence punishable under Section 302 read with Section 34, I. P. C. , two years rigorous imprisonment for the offence punishable under Section 504, I. P. C. and 506, I. P. C. and two years rigorous imprisonment under Section 25 Arms Act and a fine of Rs. 1,000/- and in default of payment of fine further imprisonment for two months.

(2.) CRIMINAL reference is for the confirmation of the death sentence awarded to the appellants.

(3.) THE complainant got the report of the occurrence written from Mohd. Salim son of Tahir Husain of Sultanpur, P. S. Hapur Dehat, went to the police station, Haafizpur where on the basis of this report, F. I. R. was lodged on 8-1-2004 at 6. 30 a. m. at crime No. 4/04, under Sections 302, 504, 506/34, I. P. C. THE case against the accused persons was registered at G. D. No. 12 at the same time.