RECEIVED FROM ADDITIONAL SESSIONS JUDGE Vs. SHEIKH ARIF

JUDGEMENT

(1.) SINCE the aforesaid Criminal Reference and the Criminal Appeal arise out of the common impugned judgment passed by the trial Court, they are being disposed of by this common judgment. This Criminal Reference No. 1/2009, under Section 366 of the Code of Criminal Procedure, has been made by the Additional Sessions Judge, Sihora, in Judgment dated 10. 10. 2008, passed by him in Sessions Trial No. 38/2007, whereby he has convicted accused Sheikh Arif under Section 302 of the Indian Penal Code and sentenced him to death.

(2.) ALL the three appellants have filed Criminal Appeal No. 2311/2008 against the judgment dated 10. 10. 2008, passed by the Additional Sessions Judge, Sihora, in Sessions Trial No. 38/2007, convicting them under Sections 302 and 307/34 of the Indian Penal Code. Appellant Sheikh Arif has been sentenced to death for causing death of Sheikh Munna, Sheikh Alam and Sheikh Shahid and has also been directed to pay fine of Rs. 10,000/- on each count. He has also been sentenced to imprisonment for life with fine of Rs. 10,000/- under Section 307/34 of the Indian Penal Code.

(3.) APPELLANTS Sheikh Anwar and Sheikh Saleem have also been convicted under Section 302 of the Indian Penal Code on three counts and sentenced to imprisonment for life with fine of Rs. 10,000/-on each count. They have further been convicted under Section 307/34 of the Indian Penal Code and sentenced to rigorous imprisonment for 10 years with fine of Rs. 10,000/ -.