UDAY UMESH LALIT,J. - (1.) In Sessions Trial No.234 of 2008, six accused persons, namely, Sanjay @ Sonu, Rijwan, Haseen Khan, Hari Om @ Hero, Saurabh @ Sanju,Rafique @ Bhaiye @ Fareed were tried for having committed offences punishable under Sections 396,412 of IPC[1] and under Section 3(2)(v) of the SC/ST[2] Act. These six accused were also tried by the Trial Court[3] for offences under Section 25 of the Arms Act, 1959 in Sessions Trial Nos.235 of 2008, 239 of 2008, 237 of 2008, 238 of 2008, 236 of 2008 and 504 of 2011 respectively. By its common judgment in said seven trials, the Trial Court recorded as under: - "Convict Hariom @ Hero is awarded death sentence for the offence u/S 396 IPC. He shall be hanged till death. This order related to death sentence shall be in accordance with the confirmation of the Hon'ble High Court u/S 366 Cr.P.C. Accused Hariom @ Hero is acquitted from Section 412 IPC and Section 3(2) 5 of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act and from Section 25 Arms act in Crime No.371/2008. Convicting accused persons Rijwan, Haseen, Bhaiye @ Fareed @ Rafique, Sanjay @ Sonu, Saurab @ Sanju u/S 396 IPC, they are awarded life imprisonment and Rs.25,000/- fine to each of the accused. Accused persons Rijwan, Haseen, Bhaiye @ Fareed @ Rafique, Sanjay @ Sonu, Saurabh @ Sanju are discharged u/S 412 IPC and Section 3(2) 5 of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act and accused Rijwan is acquitted from the offence u/S 25 Arms Act in Crime No.369/08, accused Haseen is acquitted from the offence under Section 25 Arms Act in Crime No.370/08, accused Bhaiye @ Fareed is acquitted from the offence under Section 25 Arms Act in Crime No.381/08, accused Sanjay @ Sonu is acquitted from the offence under Section 25 Arms Act in Crime No. 368/08 and accused Saurabh @ Sanju is acquitted from the offence under Section 25 Arms Act in Crime No.372/08. 75% of the amount of fine shall be given to the sole surviving member of the victim family i.e. Ujjawal. In case of default of payment of fine, accused persons shall serve 6 months of additional imprisonment." [1] Indian Penal Code [2] The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 [3] Additional Sessions Judge-2, Firozabad
(2.) Death sentence having been awarded to accused Hari Om, the matter stood referred to the High Court[4] by way Reference No.8 of 2015. All the aforementioned six accused also filed Criminal Appeal Nos.3316 of 2015, 3265 of 2015, 3317 of 2015, 3836 of 2015, Capital Appeal No.3086 of 2015 and Criminal Appeal No.3512 of 2015 respectively challenging their convictions and sentences. [4] The High Court of Judicature at Allahabad
(3.) The High Court by its common judgment and order dated 03.03.2017 passed in the aforestated Reference and Appeals: - (a) affirmed the conviction and sentence of death imposed upon accused Hari Om and dismissed his Appeal. (b) affirmed the conviction and sentence awarded to accused Sanjay @ Sonu and Saurabh @ Sanju and dismissed their Appeals. (c) accepted the Appeals of accused Haseen Khan, Rafique @ Bhaiye and Rijwan and acquitted them of the charges leveled against them.;