STATE OF RAJASTHAN Vs. SOHANIYA

JUDGEMENT

(1.) THIS Murder Reference for confirmation of death sentence awarded to accused Sohaniya for having committed the offence under Section 396 IPC has been submitted by the learned Special Judge, N. D. P. S. Cases, Pratapgarh in Special Sessions Case No. 50/2001 - State vs. Sohaniya & Others. Accused Sohaniya and six other accused appellants have also filed D. B. Criminal Appeal No. 651/2005, against their conviction & sentences for the various offences as under: 1. U/sec. 120b IPc Sentenced to 5 Years' R. I. & to pay a fine of Rs. 1000/- & in default, to further undergo one year's S. I. 2. U/sec. 148 IPc Sentenced to 3 years' R. I. & to pay a fine of Rs. 1000/- & in default, to further undergo one year's S. I. 3. U/sec. 395 IPC OR IN ALTERNATIVE SEC. 395/149 IPc Sentenced to imprisonment for life & to pay a fine of Rs. 5000/- & in default, to further undergo one year's S. I. 4. U/sec. 396 IPc (1) Accused Sohaniya: Sentenced to death and to pay a fine of Rs. 1000/-; (2) Accused Nahar Singh, Ratadiya @ Radhey Shyam, Sunder, Fateh Lal @ Fatta Lal, Kusaliya & Lal Chand: Sentenced to imprisonment for life & to pay a fine of Rs. 5000/- & in default, to further undergo one year's S. I. 5. U/sec. 397 or 397/149 IPc Sentenced to 7 years' R. I. & to pay a fine of Rs. 1500/- & in default, to further undergo six months' S. I. 6 U/sec. 458 or 458/149 IPc Sentenced to 10 years' R. I. & to pay a fine of Rs. 2000/- & in default, to further undergo one year's S. I. 7. U/sec. 459 or 459/149 IPc Sentenced to imprisonment for life & to pay a fine of Rs. 5000/- & in default, to further undergo one year's S. I. 8. U/sec. 460 or 460/149 IPc Sentenced to imprisonment for life & to pay a fine of Rs. 5000/- & in default, to further undergo one year's S. I. 9. U/sec. 380 or 380/149 IPc Sentenced to 7 years' R. I. & to pay a fine of Rs. 500/- & in default, to further undergo six months' S. I. 10. U/sec. 323 OR 323/149 IPc Sentenced to one year's R. I. & to pay a fine of Rs. 200/- & in default, to further undergo one month's S. I. 11. U/sec. 324 OR 324/149 IPc Sentenced to 3 years' R. I. & to pay a fine of Rs. 500/- & in default, to further undergo six months' S. I. 12.U/sec. 325 OR 325/149 IPc Sentenced to 5 years' R. I. & to pay a fine of Rs. 1000/- & in default, to further undergo one year's S. I. 13.U/sec. 326 OR 326/149 IPc Sentenced to 10 years' R. I. & to pay a fine of Rs. 2000/- & in default, to further undergo one years' S. I. 14.U/sec. 302 OR 302/149 IPc Sentenced to imprisonment for life & to pay a fine of Rs. 5000/- & in default, to further undergo one year's S. I. 15.U/sec. 8 READ WITH SECTION 18 OF N. D. P. S. ACt Sentenced to 10 years' R. I. & to pay a fine of Rs. 1,00,000/- & in default, to further undergo one year's S. I.

(2.) SINCE both the Murder Reference and the Criminal Appeal arise out of the same judgment of the learned Special Judge, therefore, they are being disposed-of by this common judgment.

(3.) WE have heard learned counsel for the appellant and the learned Public Prosecutor at length and carefully scrutinized the oral and documentary evidence on record.