Irshad Hussain

1. This is an appeal under section 374 (2) of Code of Criminal Procedure, 1973 (for short 'Code') against the judgment dated 12-7-2002, whereby both the appellants were convicted and sentence of death was passed under section 302 I.P.C. read with section 34 I.P.C. They were also convicted and sentenced to undergo R.I. for five years each under section 376 I.P.C. read with section 34 I.P.C. and R.I. for four years each under section 377 I.P.C. read with section 34 I.P.C. They were, however, acquitted of the charge under section 201 I.P.C. Appellant Sewa Singh was further acquitted of the charge under section 4/25 Arms Act.

2. Criminal reference under section 366 of the 'Code' is submitted by Sessions Judge, Udham Singh Nagar in view of the sentence of death passed against both the appellants, per aforesaid judgment in Sessions Trial Nos. 378/ 2000 and 379/2000, which were consolidated for trial.

3. Both the appellants aged about 22 years are cousin brothers. They are residents of village Hasanpur within the circle of P.S. Kichha District Udham Singh Nagar. Km. Sukhvinder Kaur aged about 20 years, victim in the instant case, was the daughter of Massa Singh