[Criminal Appeal Nos. 490-491 of 2011]. In these appeals, this Court issued notice limited to the question of the sentence awarded to the appellants. They were awarded the death penalty, which was confirmed by the High Court. In our opinion, the appellants in these appeals against the order of the High Court should be awarded a life sentence, subject to the faithful implementation of the provisions of the Code of Criminal Code, 1973. The facts: In view of the limited notice issued in these appeals, it is not necessary to detail the facts. However, it may be mentioned that as many as six persons (including the appellants) were accused of various offences under the Indian Penal Code (for short the IPC) and the Arms Act, 1959.They were convicted by the Additional Sessions Judge, Rohtak by his judgment and order dated 13th November, 2009 in Sessions Case No. 47 of2004/2009 of the offence of murder (Section 302 of the IPC), attempt to murder (Section 307 of the IPC), rioting, armed with a deadly weapon(Section 148 of the IPC), house trespass in order to commit an offence punishable with death (Section 449 of the IPC) read with Section 149 of the IPC (every member of an unlawful assembly is guilty of an offence committed in prosecution of a common object). Five of the accused were convicted of an offence under Section 25(1-B) of the Arms Act, 1959. Except the appellants, all of them were given a sentence of rigorous imprisonment for life and payment of fine. The appellants, as mentioned above, were sentenced to death.
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