STATE OF MAHARASHTRA Vs. SK AYYUB SK ABDUL

JUDGEMENT

(1.) IN Sessions Trial No. 2 of 1991, out of 25 accused who were tried for committing murders of two policemen, the learned Additional Sessions Judge, Yavatmal (Shri S. S. Sawargaonkar), vide his Judgment and Order dated 15th and 16th December, 1992, convicted 9 accused, out of whom, accused No. 1 Sk. Ayyub Sk. Abdul was sentenced to death, subject to the confirmation of the sentence by this Court and accused Nos. 2 to 4, 6, 12 to 14 and 23 were sentenced to suffer life imprisonment.

(2.) THE State of Maharashtra has filed Reference under section 366 of the Code of Criminal Procedure for confirmation of death sentence imposed upon accused No. 1 Sk. Ayyub Sk. Abdul and has also filed Criminal Appeal No. 89 of 1993 for enhancement of sentence imposed upon accused Nos. 2, 3, 14 and 23 to capital punishment by modifying the impugned judgment and order suitably. The convicted accused have also filed Criminal Appeal No. 2 of 1993 praying for acquittal.

(3.) SINCE all these cases arise out of the same incident, they are disposed of by this common judgment and order.