JUDGMENT :

UDAY UMESH LALIT, J.

1. In Sessions Trial No. 234 of 2008, six accused persons, namely, Sanjay @ Sonu, Rijwan, Haseen Khan, Hari Om @ Hero, Saurabh @ Sanju, Rafique @ Bhaiye @ Fareed were tried for having committed offences punishable under Sections 396, 412 of IPC¹ [Indian Penal Code] and under Section 3(2)(v) of the SC/ST² [The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989] Act. These six accused were also tried by the Trial Court³ [Additional Sessions Judge-2, Firozabad] for offences under Section 25 of the Arms Act, 1959 in Sessions Trial Nos. 235 of 2008, 239 of 2008, 237 of 2008, 238 of 2008, 236 of 2008 and 504 of 2011 respectively. By its common judgment in said seven trials, the Trial Court recorded as under:-

“Convict Hariom @ Hero is awarded death sentence for the offence u/s 396 IPC. He shall be hanged till death. This order related to death sentence shall be in accordance with the confirmation of the Hon’ble High Court u/S 366 Cr.P.C.

Accused Hariom @ Hero is acquitted from Section 412 IPC and Section 3(2) 5 of Scheduled Castes