Khem Karan, J. - (1.) All these seven criminal appeals are directed against judgment and order dated 17.8.2000, by which the learned III Addl. Sessions Judge, Hardoi convicted and sentenced these appellants as under.
(2.) 1. Lallan 2. Rafique sons of Jaffu, to death under section 302/149, to life imprisonment under section 436, to 10 years RI under section 364, to one year RI under section 148 of IPC, and to one year RI under section 25 of Indian Arms Act. 3. Babu son of Jaffu, to death under section 302/149, to life imprisonment under section 436, to 10 years RI under section 364 and to one year RI under section 148 of IPC. 4. Smt. Rajana 5. Smt. Sundera, daughter of Jaffu, to death under section 302/149, to life imprisonment under section 436 and to one year RI under section 147 of IPC. 6. Naushad 7. Azad 8. Ashfaque 9. Kallu 10. Mohd. Nabi 11. Abdul Salam Dallu 12. Ali Sahab 13. Farooq 14. Noor Mohammad, to life imprisonment under sections 302/149, 436 of IPC, and to one year RI under section 148 of IPC. 15. Bhayannu and 16. Riyazuddin, to life imprisonment under section 302/149, to life imprisonment under section 436 of IPC., to one year RI under section 148 of IPC, and to one year RI under 1271 section 25 of Indian Arms Act.
(3.) The Capital Sentence Reference under section 366 (1) of the Code of Criminal Procedure, 1973 is for confirmation of death sentences passed against (1) Lallan (2) Babu (3) Rafique (4) Smt. Rajana, and (5) Smt. Sundera, sons and daughters of Jaffu, under sections 302/149 of IPC for committing gruesome murder of as many as 12 persons, namely (1) Km. Qaiser Jahan-12 (2) Smt. Mosiya-19 (3) Guddu-12 (4) Chhutkanne-9 (5) Nawab Ali-12 (6) Km. Najima-12 (7) Pappu-32 (8) Smt. Amezan- 40 (9) Smt. Gulsooman-65 (10) Nabugaus- 24 (11) Smt. Rukhsana-20 (12) Smt. Shaukina on 3.3.94 at about 5.30 or 5.45 P.M. in village Ordal Newalia P.S. Sursa, Distt. Hardoi.;