Judgment

Rakesh Saksena, J.:-

Aforesaid criminal reference and appeals arise out of the common impugned judgment, therefore, this judgment shall govern the disposal of all the above cases.

1. Appellants have filed appeals against the judgment dated 30th July 2011, passed by III Additional Sessions Judge (Fast Track Court), Narsinghpur, in Sessions Trial No. 214/2009, convicting them under Sections 364-A/34, 302/34 and 302/120-B, 201 and 404/34 of the Indian Penal Code and sentencing them to death with fine of Rs. 100/-, Rigorous Imprisonment for seven years with fine of Rs. 1000/- and Rigorous Imprisonment for three years with fine of Rs. 100/-, on each count respectively. In default of payment of fine, appellants have further been sentenced to Rigorous Imprisonment for one month, on each count respectively.

2. Learned Trial Judge has since awarded death sentence to all the appellants, he has made reference to this Court for confirmation of the same.

3. In short, the prosecution case is that on 6-5-2009, at about 10.30 a.m., Smt. Nidhi Thakur made a telephonic report to Police Station, Narsinghpur that her brother Pankaj had gone to Jabalpur in the morning of 5-5-2009 for getting his Wa