R. Subhash Reddy, J. - (1.)All these appeals are directed against the common judgment of the High Court of Chhattisgarh at Bilaspur dated 01.12.2016 passed in Criminal Reference No.1 of 2014 and Criminal Appeal No.511 of 2014, as such they are disposed of by this common judgment and order.
(2.)All the appellants were charged for offence under Sections 364/34 read with 120B; 302/34 read with 120B and 201, Indian Penal Code (IPC). Vide judgment dated 27.03.2014 passed in Sessions Trial No.61 of 2011, the learned Sessions Judge, Durg, has convicted and sentenced the appellants. For the offence under Sections 364/34 read with 120B, IPC they were convicted and sentenced for imprisonment for life and fine of Rs.5000/- each, in default of payment of fine, to undergo further rigorous imprisonment for four months. For the offence under Sections 302/34 read with 120B, IPC death penalty was imposed with a fine of Rs.5000/- each, in default of which, they were sentenced to undergo further rigorous imprisonment for four months. For the offence under Section 201, IPC, rigorous imprisonment for five years and a fine of Rs.2000/- each was imposed, in default of payment of fine, they were sentenced to undergo further rigorous imprisonment for two months.
(3.)In view of death penalty imposed on the appellants, a reference was made to the High Court, as required under Section 366 of Cr.P.C. and further appellants-accused have filed Criminal Appeal No.511 of 2014 before the High Court. By a common judgment dated 01.12.2016, the High Court has confirmed death sentence on the two main accused, namely, Ishwari Lal Yadav and Smt. Kiran Bai and modified the sentence of other appellants to one of imprisonment for life without any entitlement of remission or parole.