(1.) Aforesaid Criminal Reference and appeal arise out of the common impugned judgment, therefore, this order/ judgment shall govern the disposal of both the cases.
(2.) Appellants have filed this appeal against the judgment dated 29.12.2011 passed by First Additional Sessions Judge, Mandla in Sessions Trial No. 74/2011, convicting the appellants under Sections 302 read with Section 34, 376 (2) (g) read with Section 34 and 201 read with Section 34 of the Indian Penal Code and sentencing them to death with fine of Rs. 3000/-, imprisonment for life with fine of Rs. 2500/- and rigorous imprisonment for seven years with fine of Rs. 2000/-, on each count respectively. In default of payment of fines, appellants have further been sentenced to rigorous imprisonment for one year, on each count respectively.
(3.) Learned trial Judge has since awarded death sentence to all the accused/appellants, he has made reference to this Court under Section 366 (2) of the Code of Criminal Procedure for confirmation of the same.