( 1 ) CAPITAL Criminal Appeal No. 28 of 2003 arises out of the judgment and order of the VI Addl. Sessions Judge, Ghaziabad, dated 19. 12. 2002, convicting the appellants, Sudhir and Satyendra, to one years R1 under Section 427, 10 years R1 and a fine of Rs. 25,000/- under Section 307 ipc and death sentence, along with a fine of Rs. 25. 000. /- under Section 302 IPC. In default of payment of fines under Section 307 and 302 IPC the appellants were to undergo further R1 for one year.

( 2 ) TWO separate jail appeals aforesaid were also filed by the appellants which, due to a lapse on the part of the office, were not assigned any number initially. The same were, however, admitted on 5. 5. 2005 and the office has given the aforesaid numbers mentioned hereinabove.

( 3 ) A Criminal Reference No. 19 of 2003 has also been received under Section 366 Cr. P. C. for confirmation of the sentence of death awarded to the appellants. The appellant Saryendra was also convicted under Section 25 of the Arms Act. All the sentences were to run concurrently.

( 4 ) GOVT. Appeal No. 1181 of 2003 was preferred by the State under Section 378 Cr. P. C. for setting aside the order of acquittal wh