Hon’ble R.N. Misra, J.—Since these appeals relate to the one and same crime and arises out of the common judgment therefore, they have been heard together and are being decided by this common judgment. The judgment is being passed in Criminal Appeal No. 4027 of 2005; Shahru v. State of U.P.

2. The Additional Sessions Judge (Court No. 4), Pilibhit, Sri Jai Veer Singh has made reference for confirmation of death sentence, passed by him against the appellant Shahru who has been convicted for the offence punishable under Section 302, I.P.C. and sentenced to death. He has further been convicted for the offence punishable under Section 394, I.P.C and sentenced to undergo R.I. for 10 years with a fine of Rs. 10,000/- and in default of payment of fine, additional R.I. for two years has been awarded. He has further been convicted for the offence punishable under Section 201, I.P.C and sentenced to undergo R.I. for 7 years with a fine of Rs. 10,000/- and in default of payment of fine, additional R.I. for one year has also been awarded.

3. These appeals have also been preferred by the accused/appellants against the judgment and order dated 24.8.2005, passed by Shri Jaiveer Singh, the then Addl. District & Sessions Judge (Court No. 4), Pilibhit in Sessions Trial Nos. 36 of 2003 and 638 of 2003, by which the appellants Dr. Israr Sakib, Dr. Azaher and Mohd Rashid @ Chand, have been convicted for the offences punishable under Section 302 read with Section 34, I.P.C. and sentenced to life imprisonment with a fine of Rs. 15,000/- each and in default of payment of fine, additional R.I. for 3 years. They have further been convicted for the offence punishable under Section 394, I.P.C. and sentenced to undergo R.I. for 10 years with a fine of 10,000/- each and in default of payment of fine, they shall undergone additional R.I. for two years. They have further been convicted for the offence punishable under Section 201, I.P.C and sentenced to undergo R.I. for 7 years with a fine of 10,000/- each and in default of payment of fine additional R.I. for one year. Accused/appellants Shameem, Smt. Reshma, Smt. Rashmi, Smt. Anjum, Husna and Muslima have been convicted for the offence punishable under Section 201, I.P.C. and sentenced to undergo R.I. for 7 years with a fine of Rs. 10,000/- each and in default of payment of fine additional R.I. for one year. All the accused/appellants have been acquitted for the charges under Sections 364/411, I.P.C. There were two other persons namely Ritesh Agrawal and Raja Ram before the Trial Court who were acquitted for the charges under Sections 394/411/201, I.P.C. Both the above noted cases were jointly tried by the learned Trial Court and the judgment was delivered in S.T. No. 36 of 2003.

4. The facts giving rise to these appeals are as under :

According to the prosecution case Jasdeep Singh resident of Mohalla Pakadia P.S. Kotwali District and City Pilibhit was complainant-informant. Smt. Uttam Kaur aged about 65 years was the grand-mother of the complainant-informant. She had some trouble in her teeth and for that purpose, she was under treatment of accused appellant Shahru and Israr Saqib. On 9.6.2002, the accused-appellant Shahru came to the house of Smt. Uttam Kaur (deceased) at about 9:30 AM and asked her to come to his clinic at about 12:30 noon. Prior to that also the said accused/appellant used to take the deceased to his clinic on his scooter and send back to her house, meaning thereby both the family members were acquainted with each other. On the said date, the deceased went to the clinic of accused/appellant Shahru and did not turn up. While going for her treatment, the deceased was wearing golden bangles, kangan, chain with locket, rings in the fingers and in the ears. All the ornaments were made of gold and were valued about 50 or 60 thousand. When the deceased did not turn up to her house even up to evening, the family members went to the house of Shahru and asked about the deceased but he did n