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2012 Supreme(Del) 2070

S.RAVINDRA BHAT, G.P.MITTAL
State – Appellant
Versus
Mohd. Naushad – Respondent


Advocates Appeared:
For the Appearing Parties:Pawan Sharma, SC.(Crl), with Harsh Prabhakar, Advocates. K.K. Manan with Mustafa Arif, Ms. Kamini Jaiswal with Abhimanue Shrestha, Advocates.

JUDGMENT

S.RAVINDRA BHAT, J.

1. These four appeals and one death reference arise out of a common judgment and order of learned Additional Sessions Judge dated 08-04-2010, whereby the Appellants viz. Naushad (A-3), Mirza Nissar Hussain @ Naza (A-5), Mohd. Ali Bhatt @ Killey (A-6), Javed Ahmed Khan (A-9) were convicted. A-3 was convicted under section 120-B, section 411 and section 302/307/436 read with section 120-B IPC. He was also convicted under Section 5 of the Explosives Substances Act. A-5 and A-6 were convicted under section 120-B, section 411 and section 302/307/436 read with section 120-B IPC. A-3, A5 and A-6 were awarded death as also awarded further sentences under cognate for the lesser offences they were charged with. Javed (A-9) was convicted under section 120-B and section 302/307/436 read with section 120-B IPC and was awarded the sentence of imprisonment for life which was directed to run concurrently with sentences for lower offences and fine. All the appellants claimed to be aggrieved and have appealed to the Court against their convictions and sentences; since three of them have been awarded the death sentence, the learned Trial Court has referred the sentence fo














































































































































































































































































































































































































































































































































































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