(1.) ALMOST four centuries back it was proclaimed with an intense dramatic overtone by one of the centripodal characters of Websterian tragedy :
(2.) WE have said so in the beginning because it was in a way imperative and exigent to say so as we are obligated at this juncture to deal with the reference made by the learned Additional Sessions Judge, Panna in Sessions Trial No. 30/98 for confirmation of death sentence imposed on the accused, namely, Jangvali Singh and Rohini and further to deal with the appeals on merits preferred at their instance. Before we advert to cogitate on the factual depiction that has given rise to the reference and appeals it is necessitous to state at the beginning that a rumination into the past is absolutely inevitable. The reference in question and appeals were dealt with by a Division Bench of this Court and by judgment dated 18-1-2000 this Court gave the stamp of approval to the finding recorded by the learned Trial Judge in regard to the guilt of the accused. As far as the sentence is concerned the accused persons who suffered death sentence were allowed to suffer life imprisonment under Section 302 of the Indian Penal Code (in short the 'ipc') and to suffer other sentences. Their conviction and sentence under Sections 394, 397, 120 and 201 was maintained and they were directed to undergo the sentence imposed in respect of the aforesaid offences. As far as the other co-accused, Salim Khan, is concerned the Division Bench maintained his conviction under Section 411 of the IPC but reduced the substantial sentence to the period already undergone and enhanced the sentence of fine to rupees ten thousand, in default, to suffer rigorous imprisonment of ten months.
(3.) JANGVALI Singh and Rohini being dissatisfied with the affirmation of the judgment of conviction and imposition of sentence of suffering rigorous imprisonment for life knocked at the doors of the Apex Court and the Apex Court in Criminal Appeal No. 119420/2001 passed the following order :--"
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