Mukul Mudgal, J.

1. Death Reference 01/2007 arises out of the impugned judgment dated 13th December, 2006 delivered by the learned Additional Sessions Judge, Karkardooma Courts, Delhi, by which the accused R.P. Tyagi posted as the SHO at the relevant time, was convicted under Sections 302/342/120-B IPC. Further, by his order dated 15th December, 2006 accused R.P. Tyagi was sentenced to death.

2. The Death Reference and the Appeal of the convicted accused R.P. Tyagi were taken up together for hearing and after hearing Mr. Sunil Sharma, Additional Public Prosecutor for the State and Mr. R. N. Sharma, the learned Counsel for the accused, both the matters are now to be governed by this common judgment.

3. In order to appreciate the arguments advanced by the learned Counsel for the appellant and the learned Counsel for the State, it is necessary to notice at the outset the main evidence relied upon by the prosecution and accepted by the learned trial court for convicting the appellant. Then we would ourselves analyze and assess the worth of that evidence for satisfying ourselves whether the prosecution has been able to prove its case beyond reasonable doubt or not, since it was