JUDGMENT

Arijit Pasayat, C.J. - This Murder Reference under Section 366 of the Criminal Procedure Code, 1973 (in short. the Code) and appeal are interlinked being in respect of judgment of learned Additional Sessions Judge, Delhi in Sessions Case No. 162/94. He imposed death sentence on the accused for offence punishable under Section 302 of Indian Penal Code. 1860 (in short IPC) ten years RI for the offence punishable under Section 307 and two years RI for the offence punishable under Section 27 of the Arms Act, 1959 (in short Arms Act). Since death sentence was imposed reference has been made to this Court under Section 366 of the Code.

2. Prosecution case sans unnecessary details is as follows:

On 22-5-1994, information was received in Police Station Subzi Mandi that a quarrel was going on in house No. 4289. Arya Pura. Subzi Mandi. ASI Krishan Chand was directed to go to the spot and make an enquiry. Kishan Chand along with Constable Krishan Kumar went to the spot but another information was received to the effect that a murder has taken place in house No. 4345. Arya Pura. Subzi Mandi, Delhi. During investigation Sonia, (PW 7), daughter of Karan Singh made her statement to the e