P.K.JAISWAL, VIRENDER SINGH
State of M. P. – Appellant
Versus
Munna @ Shahnwaj – Respondent
Virender Singh, J.
1. This criminal reference and all the criminal appeals, which we propose to dispose off by this common order, are directed against two separate judgments passed in S.T. No.63/10 (State vs. Juber and others) and S.T. 35/12 (State vs. Munna @ Shahnwaj) arise out of Crime No.436/10 under Sections 396 read with 120-B, 397 read with Section 120-B and 412 of IPC and 25 (1B)(a) and 27 of the Arms Act, 1959 of Police Station- Khargone, District–West Nimar.
2. In S.T. No.35/12, vide judgment dated 21/02/2017, learned trial Court (4th ASJ, Khargone) has awarded death penalty to the accused Munna @ Shahnwaj and referred the matter to this Court for confirmation of the same. The trial Court further held the accused Munna @ Shahnwaj guilty for the offences punishable under Sections, and awarded punishment as given below:-
Offence u/S.
Imprisonment
Fine
In default of Fine
396 r/w 120-B of IPC
Death Sentence
Rs.1,000/-
2 Years R.I.
397 r/w Section 120-B of IPC
10 Years R.I.
Rs.10,000/-
2 Years R.I.
Under Section 412 of
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