(1.) Heard Sri Kamal Krishna, learned Senior Advocate assisted by Sri Ghanshyam Das, Sri R.K. Srivastava, learned counsel for the appellants and Smt. Manju Thakur, learned A.G.A.-I assisted by Sri J. K. Upadhyay, learned A.G.A. for the State.
(2.) This appeal has been preferred by the appellants, Sanju Baghel (A-1) and Bhanwar Singh (A-2) against the judgment and order 28.7.2016 passed by Additional Session Judge, Court No. 5/Gangster Court, Mainpuri in Gangster Trial No. 296 of 2012 arising out of Case Crime No. 303 of 2003, Police Station - Kuraoli, District - Mainpuri, by which the appellants have been convicted and sentenced to death under Section 302/34 I.P.C., seven years rigorous imprisonment and a fine of Rs. 5,000/- and in case of default in payment of fine, two months additional rigorous imprisonment under Section 201 I.P.C., five years rigorous imprisonment and a fine of Rs. 3,000/- each and in case of default in payment of fine, one month additional rigorous imprisonment each under and six years rigorous imprisonment and a fine of Rs. 6,000/- and in case of default in payment of fine, two months additional rigorous imprisonment each under Section 2/3 of U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986. All the sentences were directed to run concurrently.
(3.) Reference made by the Additional Session Judge, Court No. 5/Gangster Court, Mainpuri to this Court for confirmation of death sentence passed by him against Sanju Baghel (A-1) and Bhanwar Singh (A-2) which was registered as Reference No. 09 of 2016 before this Court and connected with this appeal, is also being considered along with this appeal.