DISTRICT JABALPUR Vs. RAJESH @ RAKESH AND ANOTHER

JUDGEMENT

(1.) The instant Criminal reference No.1/2016 has been referred by the learned III Addl. Sessions Judge, Jabalpur, against the same judgment dated 29.12. 2016, passed in Sessions Trial No.560/2013, against which the accused/ Om Prakash Yadav and Rajesh @ Rakesh have preferred Criminal Appeal No.83/2017 and Criminal Appeal No.84/2017, respectively, therefore, all these matters are being decided by this common judgment.

(2.) The learned III Addl. Special Judge vide judgment dated 29.12.2016 in S.T.No.560/2013 convicted the accused/appellant Omprakash for offence punishable under Sections 364-A r/w Sec. 120-B of IPC and sentenced to undergo life imprisonment and fine of Rs.2000/- in default R.I. For two months, whereas, appellant Rajesh @ Rakesh and Raja Yadav have been convicted for offences punishable under Sections 364-A r/w 120-B of IPC and they are sentenced to death sentence each, and fine amount of Rs.1000/- each, in default of payment of fine amount, they are sentenced to R.I. for two months each. They have been further convicted for offence punishable under Section 302 r/w 120-B of IPC , and sentenced to undergo death sentence each and fine of Rs.1,000/- each, in default of payment of fine amount, they are sentenced to R.I. for two months each and convicted under Section 201 of IPC, they are sentenced to undergo R.I. for five years each with fine of Rs.500/- each and in default of fine, R.I. for one month each. Since death sentence was passed by the Court below, therefore, the death reference is referred to this Court.

(3.) Being aggrieved with the aforesaid judgment, conviction and sentences, the accused/appellants has preferred Criminal Appeal No.83/2017 and Criminal appeal No.84/2017.