1. Criminal Referred Case.No.9 of 2010 is registered on the basis of the reference made by the XXXIV City Civil and Sessions Judge (Special Court), Central Prison, Parapanna Agrahara, Bengaluru, under Section 366(1) of Cr.P.C. seeking confirmation of the sentence of death awarded on respondent Nos.1 to 3(hereinafter referred to as ‘accused Nos.1 to 3’) for the offences punishable under sections 459 & 302 Indian Penal Code as per the order dated 30.9.2010 in S.C.No.59/2005.

2. Feeling aggrieved by the very same judgment dated 30.06.2010 and the order of sentence dated 30.09.2010 accused Nos.1 and 2 have preferred Crl.A.No.1031/2011 and accused No.3 has preferred Crl.A.No.152/2011 under Section 374(2) Cr.P.C.

3. As the legality and correctness of the judgment of conviction and order of sentence is questioned by accused Nos.1 to 3, the above appeals are required to be considered first and depending upon the findings that may be recorded therein, the reference is required to be answered.

4. We have heard the learned counsel appearing for the respective appellants/accused Nos.1 to 3 and the learned Addl. Special Public Prosecutor for respondent State in all the above three procee