P.SATHASIVAM, H.L.DATTU
Mulla – Appellant
Versus
State of U. P. – Respondent
JUDGMENT
P. Sathasivam, J.
1) This appeal is filed on behalf of the appellants through the Jailor, District Jail, Sitapur, U.P. against the impugned judgment dated 03.03.2006 passed by the High Court of Judicature at Allahabad, Lucknow Bench, Lucknow, in Criminal Reference No. 2 of 2005 and Criminal Appeal No. 713 of 2005 whereby the High Court allowed Criminal Reference No.2 of 2005 filed by the State confirming the death sentence awarded to the appellants herein and dismissed Criminal Appeal No. 713 of 2005 filed by the appellants herein.
2) The prosecution case is as under:
(a) On the fateful night of 21.12.1995 when Shiv Ratan, Nanhakey, Ram Kishore and Sushil were irrigating their fields in the northern side of the village from the tubewell of Sundari, widow of Jai Narain, at about 8.30 p.m., eight miscreants armed with guns reached the spot. A boy and two girls were also with them. All the miscreants caught hold of the four persons who were irrigating their fields and enquired about their properties and made a demand of Rs.10,000/- each and threatened that otherwise they would be killed. At the very moment, Harnam, Ganga Dai, Chhotakey s/o Gaya Ram and Hari Kumar Tripathi who w
Matru v.State of U.P., (1971) 2 SCC 75
Santokh Singh v. Izhar Hussain
Subhash v. State of U.P. (1987) 3 SCC 331
State of Andhra Pradesh v. Dr. M.V. Ramana Reddy (1991) 4 SCC 536
Brij Mohan & Ors. v. State of Rajasthan, (1994) 1 SCC 413
Rajesh Govind Jagesha v. State of Maharashtra (1999 ) 8 SCC 428
Daya Singh v. State of Haryana,(2001) 3 SCC 468
Lal Singh v. State of U.P., (2003) 12 SCC 554
Anil Kumar v. State of Uttar Pradesh, (2003) 3 SCC 569
Pramod Mandal v. State of Bihar, 2004 (13) SCC 150
Bachhan Singh vs. State of Punjab (1980) 2 SCC 684
Machhi Singh & Others vs. State of Pubjab (1983) 3 SCC 470
Asharfi Lal & Others vs. State of Uttar Pradesh, (1987) 3 SCC 224
Panchhi v. State of U.P., (1998) 7 SCC 177
Swamy Shraddananda v. State of Karnataka (2008) 13 SCC 767
Dalbir Singh and others v. State of Punjab (1979) 3 SCC 745
Subash Chander v. Krishan Lal (2001) 4 SCC 458 referred (Para 57)
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