SATVIR Vs. STATE OF U P

JUDGEMENT

(1.) This criminal appeal under Section 374 Cr.P.C. was filed by three brothers, namely Satvir, Sanjay @ Sanju and Shishpal, all sons of Mawashi Balmiki, and their mother Smt. Shubhadra against the judgment and order dated 28.11.2006 passed by Sri Shankar Lal Additional Sessions Judge (Fast Track Court), Bulandshahar in S.T. No. 516 of 2006 whereby he convicted all the four appellants under Section 302 read with Section 34 of the Penal Code and Section 7 of Criminal Law Amendment Act and each of them was sentenced to death and to pay a fine of Rs.2000/- under Sections 302/34 I.P.C. and to suffer rigorous imprisonment for a period of six months and to pay a fine of Rs.200/- under Section 7 of Criminal law Amendment Act. Both the sentences were directed to run concurrently.

(2.) As provided under Section 366 Cr.P.C., the Additional Sessions Judge has made a reference also for confirmation of death sentence of each of the accused.

(3.) In brief, the facts of the prosecution case were as under: