VIJAY KUMAR VERMA, J. - (1.) THESE appeals have been preferred against sepa ­rate judgments and orders dated 25.2.2006 passed by Sri O.P. Dixit, the then Addi ­tional Sessions Judge/Special Judge (E.C. Act) Etawah in S.T. Nos. 51 of 2003, 72 of 2003 and 73 of 2003. All these appeals and reference were connected vide order dated 7.8.2006 and have been heard together. Hence, the same are being decided by this common judgment.
(2.) BY the impugned judgment passed in S.T. No. 51 of 2003, the appellants accused Rajan @ Kalia Rajan, Firoz Taiyyab Tanashah, Chandrakant Sitaram Gurav, Datta Sripati Pandare and Sunil @ Amol (correct name Sushil Suresh Karkhanis) have been convicted and sentenced to death under section 302 read with section 149 IPC, two years' rigorous imprisonment under section 148 IPC, imprisonment for life under section 307 read with section 149 IPC and two years' rigorous imprisonment under section 332 IPC in case crime No. 596/2002 of P.S. Civil Lines, Etawah. Of ­fence under section 7 Criminal Law Amendment Act was found not made out. All the aforesaid appellants -accused vide impugned judgment of S.T. No. 72 of 2003 have been convicted and sentenced to undergo rigorous imprison ­ment for two years under section 148 IPC and ten years' rigorous imprisonment and to pay a fine of Rs. 5,000/ - each with addi ­tional imprisonment for one year in default of payment of fine under section 307 read with section 149 IPC in case crime No. 970/2002 of P.S. Kotwali, Etawah. By the same judgment, the appellants -accused Chandrakant Sitaram Gurav, Firoz Taiyyab Tanashah and Rajan @ Kalia Rajan have been further convicted and sentenced to undergo rigorous imprisonment for two years under section 25(1 -B)(a) Arms Act and four years' rigorous imprisonment and to pay a fine of Rs. 3,000/ - each with addi ­tional imprisonment for six months in de ­fault of payment of fine under section 27(1) Arms Act in case crime Nos. 971/2002, 972/2002 and 973/2002 respectively. The appellants -accused Datta Sripati Pandare and Sushil Suresh Karkhanis also have been further convicted and sentenced to undergo rigorous imprisonment for two years under section 25(1 -B)(a) Arms Act in case crime Nps. 974/2002 and 975/2002 respectively.
(3.) IN S.T. No. 73 of 2003 vide im ­pugned judgment, the appellant -accused Sushil Suresh Karkhanis has been con ­victed and sentenced to undergo rigorous imprisonment for two years under section 25(1 -B)(a) Arms Act and four years rigorous imprisonment and to pay a fine of Rs. 3,000/ - with additional imprisonment for six months in default of payment of fine under section 27(1) Arms Act in case crime No. 1088/2002 of P.S. Kotwali, Etawah.;