AMAR SARAN, J. - (1.) THIS case has a chequered history. Two appeals were preferred by the appellants Manni Lal alias Thakur and Yasin alias Baba from jail which were numbered as Capital Criminal Appeal Nos. 907 of 1998 (now renumbered as 5872 of 2004 after removal of defects) and 908 of 1998 (now 5871 of 2004) respectively, against the judgment and order dated 2 -5 -1998 passed by the Special Judge (Dacoity Affected Areas) Act, Kanpur Dehat, whereby the learned Judge convicted the appellants to death sentence under Section 396 IPC after consolidating Sessions Trials No. 47 -A of 1995 and 47 -B of 1995. Thereafter, it appears that a represented criminal appeal was also filed on behalf of one of the appellants, Yasin alias Baba through Anil Kumar Singh, Advocate, which was numbered as criminal appeal No. 110 of 1998. As there was some defect in the appeal, it was removed and thereafter the appeal was renumbered as criminal appeal No. 1836 of 2005. As the learned Judge had awarded death sentence to the appellants under Section 396 IPC, he has also referred the matter to the High Court under Section 366 of Code of Criminal Procedure for confirmation of the death sentence.
(2.) ONE other accused person Chandra Pal alias Makkoo, who was also involved in this incident at case crime No. 238 of 1994, under Section 396 IPC, was also sentenced to death by the same Special Judge by a separate judgment dated 2 -5 -1998 in ST No. 47 of 1995. He also filed Capital Criminal Appeal No. 906 of 1998 (now 5870 of 2004) from jail, which was tied up with these Criminal Appeals, but which will be dealt with separately. A charge -sheet had been submitted against Chandrapal whilst he was in custody and on committal his sessions trial was registered as S.T. No. 47 of 1995, whereas the present appellants Manni Lal and Yasin were absconding, hence the charge -sheet had been submitted against them as absconders. After the arrest of Manni and Yasin and on committal, their sessions trial were registered as ST Nos. 47 -A and 47 -B of 1995. Evidence in ST Nos. 47 -A and 47 -B was consolidated and the evidence was recorded separately from the evidence in S.T. No. 47 of 1994 of Chandra Pal and was decided by a common judgment against which the present appeals and criminal references were filed, which are being disposed of by this common judgment.
(3.) THE appeal preferred by Chandra Pal alias Makkoo will be decided by a separate judgment, as the evidence and judgment in that case were distinct.;