Shiva Kirti Singh and Abhijit Sinha JJ.

1. Although Government Appeal No. 11 of 2006 has been heard along with Death Reference and Criminal Appeal in respect of conviction and grant of death sentence to accused, Sanjay Tiwari, the judgment of acquittal relates to acquittal of nine co-accused by a separate judgment dated 9th of May, 2006 whereas accused, Sanjay Tiwari has been convicted by another judgment dated 4th of November, 2006. However, the oral evidence is same because the trial of Sanjay Tiwary had to be separated when he absconded at the stage of recording of his Statement under Section 313 Cr.P.C. His trial could make further progress when he was apprehended and remanded in this case after a few months. The only difference in respect of evidence in the two trials is availability of certain documentary evidence against Sanjay Tiwary which have been taken on record after the acquittal of other co-accused persons. Those documents are exhibits-14 and 15 series. Appellant, Sanjay Tiwary has been convicted for the offence under Section 302/34 and some other Sections of the IPC and has been inflicted with death penalty on the basis of evidence which will be indicated lat