V. B. SERPURKAR, C. J.

( 1 ) THIS judgment shall dispose of the Criminal Appeal no. 58 of 2004 along with Criminal reference No. 3 of 2004 and also the Criminal appeal No. 56 of 2004. Criminal Appeal No. 56 of 2004 has been filed by the accused-smt. Naresho agamst the conviction under s. 120-B, I. P. C. and the resultant sentence for life imprisonment. Criminal Appeal No. 58 of 2004 has been filed by the accused-surendra Singh, who is also convicted for the same offence under S. 302, I. P. C. , but has been awarded death sentence. A reference is made only for confirmation of the death sentence awarded by the Sessions judge. Needless to mention that both the accused-appellants were tried in a common sessions trial, where one Shiv Kumar alias shibbu was said to have been murdered in the night of 23/24th February, 1993. While accused-Surendra Singh, who was accused no. 1 in the trial, was charged with a sub-stantive offence, the accused-Naresho, who was accused No. 2 in the trial, was roped-in in the aid of S. 120-B, I. P. C. In this judgment, the accused persons shall be referred either by their names or by their original accused number during the trial.

( 2 ) THE deceased-Shiv Kumar

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