JUDGMENT

Dr. ARIJIT PASAYAT, J.

1. Challenge in these appeals is to the judgment of a Division Bench of the Allahabad High Court upholding the conviction of appellant Aqeel Ahmad (Appellant in Crl. A. No.595/07) in Criminal Appeal No.2630 of 2004 but altering the sentence of death as awarded by learned Additional District and Sessions Judge, Court No.3, Aligarh to life sentence. Criminal Appeal No.2593 of 2004 filed by Ashiq Ali and Criminal Appeal No.2590 of 2004 filed by Mohammad Shakir and Chaudhary Aleem were also dismissed. The Criminal Reference for confirmation of death sentence as referred under Section 366 of the Code of Criminal Procedure, 1973 (in short the `Code') was answered in the negative. While Criminal Appeal No.595 of 2007 has been filed by Aqeel Ahmad, the other accused persons, namely, Mohammad Shakir, Ashiq Ali and Irfan have filed Criminal Appeal No.596 of 2007. Since the accused Ashiq Ali did not file surrender certificate, special leave petition was dismissed so far as he is concerned. So far as accused Chaudhary Aleem and Irfan are concerned it is submitted that they have died during the pendency of the matter before this Court. State of U.P. has filed Crimi