JUDGMENT:

Dr. ARIJIT PASAYAT, J.

1. Leave granted.

2. These two appeals are directed against the common judgment of the Uttranchal High Court.

3. Challenge in this appeal is to judgment of a Division Bench of the Uttaranchal High Court which disposed of Criminal Reference No. 2 of 2004 and two Criminal Appeal Nos. 45 and 46 of 2002. The two criminal appeals were filed by Liyakat the present appellant and co-accused Smt. Zahira. The reference was necessitated as the Learned Additional District and Sessions Judge, Ist Fast Track Court Hardwar has awarded death sentence to the accused Liyakat. awarded death sentence to accused Liyakat. He had also awarded sentences of imprisonment for life to Zahira and the accused No. 3. Both of them were convicted for offences punishable under Sections 302 and 201 of the Indian Penal Code, 1860 (in short the IPC). The trial court, however had acquitted Accused Nos. 2 and 4 namely Riyasat and Jeewani.

4. Noor Alam was child of PW 1 Rashid and his wife PW 2 Nasreen. PW 1 Rashid and PW2 Nasreen used to reside in the neighbourhood of Jeewani, original accused No. 4. On the fateful day i.e. on 12th day of January, 1999, Nasreen was sitting alongwith her c