JUDGMENT

(SMT.) RANJANA PRAKASH DESAI, J.

1. In this appeal, by special leave, appellant - Sushil Sharma (“the appellant”) has challenged judgment and order dated 19/02/2007 passed by the Delhi High Court in Criminal Appeal No.827 of 2003 confirming the death sentence awarded to him in Sessions Case No.88 of 1996. He was tried in the said case along with A2-Keshav Kumar (“A2-Keshav”), A3-Jai Prakash, A4- Rishi Raj and A5-Ram Prakash.

2. The appellant was tried for offences punishable under Section 302, Section 120-B read with Sections 302 and 201 of the Indian Penal Code (“the IPC”). A2-Keshav was tried under Section 120-B read with Sections 302 and 201 of the IPC. A3-Jai Prakash, A4-Rishi Raj and A5-Ram Prakash were tried under Section 212 of the IPC. Learned Additional Sessions Judge by judgment and order dated 3/11/2003 convicted the appellant under Section 302 of the IPC. He convicted the appellant and A2-Keshav under Section 120-B read with Section 201 of the IPC. Since the charge under Section 302 read with Section 120-B of the IPC was held not proved against A2-Keshav, he was acquitted of the said charge. Charge under Section 212 of the IPC was held not proved against A3-Jai Pr