1. In an incident that occurred on 17.12.2007, in the house of Nurulhaq Abdulhaq Saiyed located on Tandalja road, Vadodara, it is alleged that said Nurulhaq Abulhaq Saiyed committed murder of his friend Abid Ali by severing the head of said Abid Ali with the help of a knife and wrapped the trunk and head of the victim in a plastic sackcloth and put it on the terrace of his house. A search for Abid Ali was started, and it is alleged that Nurulhaq informed the parents of victim Abid Ali that Abid Ali was taken away by some Bank employee. Nurulhaq claimed that he met with an accident with bicycle resulting into some injuries on his person and went to doctor and took treatment. When the police started inquiring about Abid Ali, it is case of the prosecution that they were asked not to make inquiry about Abid Ali, as he had been taken away by some Bank employee. When it was noticed that the light in the room, which was occupied by Nurulhaq, was on and the room was locked, so also, the door to the staircase for access to the room was also locked, a suspicion arose and Abdulhaq, father of Nurulhaq informed the police about the same. The police went to the place, broke open both the locks and found the rooms in a very disorderly situation with blood and blood-spots all around. The police went to the terrace, who found there the head and the trunk of the deceased wrapped in a plastic sackcloth.

1.1. The police interrogated Nurulhaq and from what was stated by him, the police made further investigation. Nurulhaq was found in possession of keys of the locks of the door to the room and the door to the staircase, which he discovered under panchnama at the later point of time. Ultimately, the police, after investigation, found that there was sufficient material in the form of circumstances to connect Nurulhaq and his family members, namely, Abdul Raheman Abdulhaq Saiyed, Mariyamben Ahmed Mohmad Saiyed, Halimabibi Mohmadsamir Abdula Shekh and Aayashabibi Abdulraheman Abdulhay Saiyed, with the crime. Therefore, the police filed charge sheet in the Court of learned Chief Judicial Magistrate, Vadodara, who, in turn, committed the case to the Court of Sessions, Vadodara and Sessions Case No. 149/2008 came to be registered.

2. Charge was framed against all the five accused persons at Exh.8 for the offences punishable under Sections 302, 201, 365, 176 & 114 of the Indian Penal Code [“I.P.C.” for short], to which all of them pleaded not guilty and came to be tried.

3. The trial Court found that the prosecution was successful in proving the charges levelled against original accused No.1, Nurulhaq Abdulhaq Saiyed for the offence of murder; whereas, against rest of the accused persons, the trial Court found that the offence punishable under Section 201 read with Section 114 of IPC was proved, and the Court, therefore, recorded conviction of all the accused.

3.1. The trial Court convicted original accused No.1 for the offence of murder and after hearing him on sentence aspect, awarded capital punishment observing that the death was brutal and would fall in the category of “rarest of rare cases”. He was imposed fine of Rupees One Lac, in default, to undergo R.I. for one year. In the event he deposits the amount of fine, an amount of Rs. 75,000/- was ordered to be paid to the father of victim Abid Ali as compensation under Section 357(1)(b) of the Code of Criminal Procedure. Confirmation Case No.2/2009, therefore, arises out of the death sentence awarded to original accused No.1, subject to confirmation by this Court.

3.2. Original accused No.1 also came to be convicted for the offence punishable under Section 365 IPC and was ordered to undergo R.I. for five years and to pay a fine of Rs. 5000/-, in default, to undergo further R.I. for one year.

3.3. So far as original accused Nos.2 to 5 are concerned, the charge against them was that of the offence punishable under Section 201 read with Section 114 IPC. The trial Court, after convicting them for the sa