STATE OF MADHYA PRADESH Vs. RIZWAN

JUDGEMENT

(1.) THE Second Additional Sessions Judge, 2nd court in the district of Shivpuri while disposing of the Sessions Trial No.143/11, convicted Rizwan and Smt. Kiran under Sections 302/34, 302/120-B, 201/34, 201/120-B of I.P.C. read with Section 25(IB)(b) of the Arms Act and finally, passed an order of death sentence against said Rizwan and Smt. Kiran, which gave rise to Death Reference Case No. 1 of 2012. Since under the provision of the Code of Criminal Procedure, death sentence recorded by a Judge is subject to confirmation by this Court, same has come up. Both the appellants also preferred separate appeals against their order of conviction and sentence registered as Cri. Appeal Nos. 575/12, 577/12 and 648/12.

(2.) BY our present judgment, we propose to dispose of the death reference as well as criminal appeals preferred by the convict appellants.

(3.) APPELLANT /accused Smt. Kiran Rawat stood her trial on the charges for murder of deceased Mohan Singh with co-accused Rizwan, which is an offence punishable under Section 302/34 of I.P.C., and in alternative for causing murder of deceased Mohan Singh having conspiracy with co-accused Rizwan, which is an offence punishable under Section 302/120-B of I.P.C. After causing murder of deceased Mohan Singh, she caused the separated dead body of deceased to disappear the evidence with an intention to screen herself from legal punishment which is an offence punishable under Section 201 of I.P.C.