Raghvendra Kumar, J. - (1.) HEARD Sri Dileep Kumar, learned Senior Counsel for the accused -appellants, Sri Akhilesh Singh learned G. A., Sri Narendra Kumar Singh, learned A. G. A. for the State of U. P. as well as Sri Amit Mishra, learned counsel for the complainant and perused the record.
(2.) THE instant capital case appeal is directed against the judgment and order dated 3.2.2010 passed by Additional Sessions Judge, Court No. 2, Bareilly in Sessions Trial No. 943 of 2008 (State v. Raju Maurya @ Rajiv & Anr) arising out of Case Crime No. 1423 of 2007, registered u/s. 302/34, 504, 506 IPC at P.S. Subhash Nagar, District -Bareilly whereby the accused -appellants Raju Maurya @ Rajiv and Sanjay Maurya @ Rajiv have been convicted for the offence u/s. 302/34 IPC and have been awarded death sentence (to be hanged till death). Both the accused -appellants were also convicted for the offences u/s. 504 & 506 IPC, but no sentence was awarded as they were awarded death sentence for the offence u/s. 302/34 IPC as mentioned above. In Sessions Trial No. 944 of 2008 (State v. Raju Maurya @ Rajiv & Anr) arising out of Case Crime No. 1486 of 2007, registered u/s. 25 of Arms Act at P.S. Subhash Nagar, District -Bareilly, vide common judgment dated 3.2.2010, the trial Court had convicted the accused -appellants Raju Maurya @ Rajiv and Sanjay Maurya @ Rajiv for the offence u/s.25 of Arms Act, but no sentence was awarded since, the above named accused -appellants were awarded death sentence for the offence u/s. 302/34 IPC in Sessions Trial No. 943 of 2008. A reference has been moved by the learned trial Court to this Court under Section 366 Cr. P. C. for confirmation of the death sentence.
(3.) THE appeal as well as the reference, both are directed against the common judgment and order dated 3.2.2010 passed in Sessions Trial No. 943 of 2008 arising out of Case Crime No. 1423 of 2007, registered u/s. 302/34, 504, 506 IPC at P.S. Subhash Nagar, District -Bareilly and Sessions Trial No. 944 of 2008 arising out of Case Crime No. 1486 of 2007, registered u/s. 25 of Arms Act at P.S. Subhash Nagar, District -Bareilly, hence, are being disposed of by a common judgment.;