Vishnu Sahai, J - (1.) . - Seven persons namely Sunder, Kishun Dayal. Santoo. Om Prakash, Ram Prakash, Santosh Kumar and Rajesh Kumar were charged by the Sessions Judge, Sitapur for offences punishable under section 302 read with Section 149 Indian Penal Code, 323 read with Sections 149 Indian Penal Code and 201 Indian Penal Code In addition Sunder, Kishun Dayal Om Prakash, Santosh Kumar and Santoo alias Satram were charged for the offence punishable under Section 147 Indian Penal Code and Ram Prakash and Rajesh were charged for the offence punishable under Section 148 Indian Penal Code.
(2.) During the pendency of the trial three of them namely Sunder Lal, Kishun Dayal, and Santoo died. Four of them namely Om Prakash, Ram Prakash, Santosh Kumar and Rajesh faced trial on the said charges. Ram Prakash, Santosh Kumar and Rajesh were acquitted by the Special Sessions Judge, Sitapur vide his order dated 16-2-2001 on all the counts, but vide the said order Om Prakash was convicted and sentenced in the manner herein after : (i) Under Section 302 read with Section 34 of the Indian Penal Code, to death and to pay a fine of Rs. 5,000/-. (ii) Under Section 323 read with Section 34 Indian Penal Code to undergo one year R.I. and to pay a fine of Rs. 500/- and one month's R.I. in default. (iii) Under Section 201 Indian Penal Code to undergo Seven Years R.I. and to pay a fine of Rs. 2,000/-, in default to undergo six month's R.I.
(3.) Capital sentence No. 2 of 2001 arises out of the reference made by the trial Judge to this court under section 366 of the Criminal Procedure Code for confirmation of the death sentence of Om Prakash.;