- (1.) The present death reference alongwith two connected criminal appeals arise out of a judgment of conviction and sentence dated 9.1.2012 passed by learned Additional Sessions Judge, Fatehpur in Special Sessions Trial No.11 of 2002, by which Devi Deen Singh has been convicted for charges under Section 302 IPC and sentenced to death whereas Sheo Ram Singh and Hari Bhan Singh were convicted for the charges under Section 302/34 and directed to undergo life imprisonment, and each appellant was directed to pay Rs.50,000/- as fine and in default to undergo additional imprisonment for one year. The same set of accused persons were also convicted for offence under Section 3(2)(V) of S.C./S.T. Act and each of them was directed to undergo life imprisonment alongwith Rs.50,000/- as fine and in default to undergo one year additional imprisonment. All sentences were to run concurrently. Devi Deen Singh was directed to be hanged by neck till he was dead. However, the court below acquitted one Rama Kant Bajpai for the offences charged.
(2.) The reference was made by the learned trial judge for confirming the sentence of death under Section 366 Cr.P.C. in respect of Devi Deen Singh who also challenged his conviction and sentence in Criminal Appeal No.336 of 2012, and so did Sheo Ram Singh and Hari Bhan Singh in Criminal Appeal No.284 of 2012.
(3.) We have heard the death reference and the two connected appeals preferred by the convicts arising out of the same judgement of conviction and order of sentence and the same are being disposed of by this common judgement.;