ASHOK BHUSHAN, J. - (1.) Delay condoned. These criminal miscellaneous petitions have been filed by the applicants for reopening the Review Petition (Crl.) Nos. 192-193 of 2016 in Criminal Appeal Nos.1396-1397 of 2008 on the basis of Constitution Bench judgment in Mohd. Arif alias Ashfaq v. Registrar, Supreme Court of India And Others [JT 2014 (10) SC 209], by which judgment liberty was granted to those petitioners whose review applications seeking review of judgment of this Court confirming death sentence were rejected by circulation but death sentences were not executed.
(2.) Both the applicants Vikram Singh @ Vicky Walia and Jasvir Singh @ Jassa were tried for offences under Section 302, 364A, 201 and 120B IPC. The trial court vide its judgment dated 20th December, 2016/21st December, 2016 convicted both the applicants as well as one Smt. Sonia wife of Jasvir Singh and awarded death sentence to all the three accused under Section 302 and 364A IPC. Criminal Appeal No.105-DB of 2007 was filed before the High Court by all the accused against the judgment of Sessions Judge, Hoshiarpur. Murder Reference No. 1 of 2007 was also made by the Sessions Judge before the High Court seeking confirmation of death sentence. Both Murder Reference No.1 of 2007 as well as Criminal Appeal No.105-DB of 2007 were heard and disposed of by a common judgment of the High Court dated 30.05.2008. The High Court accepted the Murder Reference No.1 of 2007 and confirmed the death sentence awarded by the trial court resultantly Criminal Appeal No.105-DB/2007 was dismissed. Aggrieved by the judgment of the High court dated 30.05.2008 Criminal Appeal Nos.1396-1397 of 2008 were filed by the accused. This court heard the criminal appeals. Two Judge Bench of this Court by its judgment dated 25.01.2010 dismissed the criminal appeals of Vikram Singh and Jasvir Singh whereas death sentence awarded to Smt. Sonia, the third accused was converted into life imprisonment. Vikram Singh and Jasvir Singh filed Review Petition (Crl.) Nos.192-193 of 2011 which review petitions were dismissed by circulation vide order dated 20.04.2011 by two-Judge Bench which had heard the criminal appeals on the ground of delay as well as on merits. As noted above after the Constitution Bench judgment of this Court in Mohd. Arif alias Ashfaq (supra) Criminal M.P.Nos.16673-16674 of 2016 and 16675-16676 of 2016 were filed by the applicants for reopening the Review Petition (Crl.) Nos.192-193 of 2011.
(3.) Learned counsel for the parties were permitted to advance their oral submissions on 24.10.2016 in support of Review Petition (Crl.) Nos.192-193 of 2011.;