- (1.) Both these appeals have been filed against the judgment and order dated 14.12.2005 passed by Special Judge/Additional Sessions Judge, J.P. Nagar, in S.T. Nos. 156 -164 and 212 of 2000 whereby the appellant Istkhar, appellant in Crl. Appeal No. 5825 of 2005 has been convicted under Section 302/149 I.P.C. and sentenced to death and under Section 148 I.P.C. sentenced to two years R.I. and a fine of Rs. 20,0000 and in default of payment of fine further for a period of 6 months R.I. and appellants in Crl. Appeal No. 5704 of 2005 have been convicted under Section 302/149 I.P.C. and sentenced to imprisonment for life and a fine of Rs. 50,000/- and in default of payment of fine to undergo six months' R.I. and under Section 148 I.P.C. sentenced to two years R.I. and in default of payment of fine further for a period of six months R.I.
(2.) Criminal Reference No. 12 is for the confirmation of death sentence of Istkhar, appellant in Crl. Appeal No. 5825 of 2005.
(3.) Brief facts of the case mentioned in the report lodged by Sadaqat Khan at P.S. Rajabpur registered at Case Crime No. 105 of 2000 under Section 147, 148, 149, 302, 504/34 I.P.C. are that a long standing enmity was going on between the family of the informant and Firasat of his village. They were trying to ruin their family. On 16.3.2000 he alongwith his brother Mazahar Khan, Sardar Khan, Abrar Khan and father Wajid Khan, cousin Ansar Khan, nephew Saddiq and his cousins Mumtaz Khan of village Haivatpur and Akram of Mohalla Kante Kala Shaheed were plucking peapods. At about 3.30 P.M. Firasat, Sadaqat, Rais, Istkhar, Gulzar, Sharafat, Mahfooz, Liyaqat, Dilshad, Adil, Ansar, Istkhar's brother in law Naseem and Diwakar reached there and surrounded them and started abusing saying that they have got abducted Jabbar and started indiscriminate firing. His father Wajid Khan, brother Mazhar Khan, Abrar Khan and Sardar Khan were shot dead. This occurrence was witnessed by Ansar Khan, Mumtaz Khan, Sadiq Khan and Akram Khan. All the four dead bodies were lying in the field. Several persons of the village were also collected there. The report was registered at the police station at 5.00 P.M. on 16.3.2000.The distance of the police station from the place of occurrence was 8 Kms.;