ORDER :

Criminal Appeal No. 177 of 2018

1. This appeal is preferred by the appellant-Rahul Kumar Yadav assailing the judgments dated 30th April, 2014 and 29th June, 2017 passed by the learned Division Bench of Patna High Court in Criminal Appeal No. 518 of 2013.

2. The appellant and the co-accused were tried by the learned first Additional Sessions Judge, Darbhanga (hereinafter being referred to as the ‘trial Court’) in Sessions Trial No. 441 of 2011 for the offences punishable under Sections 302 and 394 of the Indian Penal Code, 1860 (hereinafter being referred to as ‘IPC’) and Section 27 (2) of the Arms Act, 1959. The trial Court, vide judgment dated 9th April, 2013, convicted the appellant and the co-accused for the offences stated above and qua the charge under Section 302 IPC, awarded death sentence to them.

3. The accused assailed the said judgment by filing an appeal before the Patna High Court. A reference under Section 366 of Code of Criminal Procedure, 1973 was also made by the trial Court for confirmation of the death sentence. The learned Judges of the Division Bench of the Patna High Court, gave a split opinion vide judgment dated 30th April, 2014 with one of the learned