JUDGMENT - VISHNU SAHAI, J.:---Since these two connected matters arise out of a common incident and impugned judgment we are disposing them off by one judgment.

2.Vide judgment and order dated 25-10-1996 passed in Sessions Case Nos. 1238/92 and 609/94 the Additional Sessions Judge, Greater Bombay, convicted and sentenced 1. Rajesh alias Kaka Madanlal Soni, 2. Arif Rafique Ahmed Shaikh, and 3. Abu Armogam Velu Nadar, in the manner stated hereinafter :

(1) Under section 302 read with 149 I.P.C., 302 read with 34 I.P.C. and 27(3) of the Arms Act to death;

(2) Under section 307 read with 149 I.P.C. and 307 read with 34 I.P.C. to R.I. for life;

(3) Under section 144 I.P.C. to R.I. for two years;

(4) Under section 148 I.P.C. to R.I. for 3 years; and

(5) Under section 25(1)(a) of the Arms Act read with 149 I.P.C. to R.I. for 7 years

and to pay a, fine of Rs. 5000/- in default to suffer R.I. for 6 months.

The substantive sentences of imprisonment were ordered to run concurrently.

3.Confirmation Case No. 3 of 1996 arises out of the reference made by the trial Judge, under section 366 of the Code of Criminal Procedure; for confirmation of the death sentence of the said persons.

Criminal Appeal No. 68

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