PRADEEP NANDRAJOG, J.

1. This Court has received a Death Reference for confirmation of the death sentence inflicted upon the accused Rajesh Kumar. Rajesh Kumar has also filed an appeal challenging the judgment and order dated 12.3.2007 convicting him for the offence of having murdered Master Anshul aged 4½ years and Master Harshit aged 9 months. The unfortunate boys were the children of Mukesh Sethi and Sangeeta Sethi. We shall refer to Rajesh Kumar as „The appellant?. The appellant is the husband of Alka who is the unfortunate sister of Mukesh Sethi. In other words, the appellant has been convicted for murdering the nephews of his wife.

2. The entire evidence against the appellant finds mention in the statement Ex.PW-1/A of Sangeeta PW-1, which is the First Information given to the police on the basis of which the FIR has been registered, as also the endorsement Ex.PW-32/A made by Inspector Ram Chander PW-32 under the said statement, which was dispatched from the place of occurrence at 6:30 PM for the FIR to be registered.

3. The statement Ex.PW-1/A reads as under:-

“I have been residing at 2/129, II floor, Subhash Nagar, New Delhi with my family members for last 7-8 months. Before that I was residing in a flat provided by the corporation at Ashok Nagar. Smt.Alka Dhingra was also residing there in the neighbour hood. Smt Alka Dhingra and her husband Rajesh Dhingra ofter visited us even after our shifting to the present address. Today i.e.28.7.2003, I was present at my house and both my children Anshul aged 4 ½ years and Harshit aged about 9 months had slept around 2.30PM. at about 3:00 PM my brother-in-law(husband of the sister of my husband) Rajesh Kumar s/o Raj Kumar, r/o 53/16 Ashok Nagar came to my house and demanded water from me. I gave him water whereupon he asked for more water and requested me to cook food for him as he was feeling hungry. When I was about to go to the kitchen for cooking food when my younger son got up and I held him in my arms whereupon Rajesh suggested me to give him the child and asked me again to cook food quickly. Then I went to kitchen but my son kept on crying. Then I came back to bedroom from kitchen and witnessed that Rajesh had lifted my son by securing his feet and hit him against the floor. I took away my child from him. Though he attempted to snatch my son from me but I managed to take him to my neighbour and raised an alarm. My neighbour Pinki who resides in House no.2/130, took my son downstairs. Then, Rajesh bolted the door of the bed room from inside. I could only hear the scream of my elder son to the effect “maa, maa”. But, subsequently I could not hear anything. In the meantime, our neighbours Bahadur Singh, Preetam Das Negi and other persons had come up stairs. The police also arrived there. They tried to get the door open but Rajesh did not open. On peeping inside the bed room through the ventilator, Rajesh was found standing in the room whereas my son Anshul was found lying in a pool of blood. Then the police broke open the door and overpowered Rajesh. Rajesh broke the glass of dressing table and slit open the throat of my son with a piece of the glass. My son died on the spot. My younger son has been removed to the hospital for treatment. Rajesh committed the murder of my son in order to teach a lesson to my sister-in-law (husband?s sister).”

4. The endorsement Ex.PW-32/A reads as under:-

“While on official duty and on getting wireless message, I, inspector Ram Chander alongwith my staff SI Vijay Pal and Ct. Kamal reached house number 2/129, Subhash Nagar, New Delhi i.e. the place of occurrence by an official vehicle and found ASI Jagpal Singh already present there alongwith HC Naresh and Ct. Dinesh. After going upstairs on the second floor of the house, Ct. Dinesh and Ct. Sukhbir Singh produced to me one person namely Rajesh Kumar, son of Raj Kumar, resident of 53/16, Ashok Nagar, Delhi who was already nabbed just on the spot. They also stated that they have broken o