JUDGEMENT

Ashwani Kumar Singh,J. - (1.)The appellants in these appeals challenge the common judgment of conviction dated 26.03.2019 and order of sentence dated 29.03.2019 passed by the learned Sessions Judge, Gopalganj in Sessions Trial No. 122 of 2008. By the aforesaid judgment dated 26.03.2019, the appellants have been convicted for the offences punishable under Sections 498-A, 304-B, 302 and 201/34 of the Indian Penal Code (for short 'IPC'). Consequent upon conviction, vide aforesaid order dated 29.03.2019, the appellants have been sentenced to undergo Rigorous Imprisonment (for short 'R.I.') for seven years along with a fine of Rs.25,000/- each for the offence punishable under Section 201/34 of the IPC and in default of payment of fine to undergo further imprisonment for a period of six months each and R.I. for three years along with a fine of Rs.25,000/- each for the offence punishable under Section 498-A of the IPC and in default of payment of fine to undergo further imprisonment for a period of six months each. The appellant Salamu Nesha @ Salamun Nesha (Cr.Appeal (DB) No. 499 of 2019) has been further sentenced to undergo R.I. for life along with a fine of Rs.50,000/- for the offence punishable under Section 302 of the IPC and in default of payment of fine to undergo further imprisonment for a period of one year. The appellant Nasruddin Mian @ Lalu @ Nasiruddin Ahmad (Cr.Appeal (DB) No. 425 of 2019) has further been sentenced to undergo death for the offence punishable under Section 302 of the IPC with a fine of Rs.50,000/-. It has been directed by the Trial Court that all the sentences shall run concurrently. The Trial Court has held that since the appellants have been convicted for the offence punishable under Section 302 of the IPC, no separate sentence is being prescribed for the offence punishable under Section 304-B of the IPC.
(2.)After passing the impugned judgment and order, the Trial Court made a reference under Section 366 of the Code of Criminal Procedure (for short 'Cr.P.C') for confirmation of death sentence awarded to the convict Nasruddin Mian @ Lalu @ Nasiruddin Ahmad, which has been registered as Death Reference No.1 of 2019.
(3.)The respective appeals preferred by the appellants and the reference made by the trial Court have been heard together and are being disposed of by a common judgment.


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