Hon’ble Amar Saran, J.—We have heard Sri Viresh Mishra and Sri Amit Mishra for the appellants, and Sri Akhilesh Singh, learned Government Advocate, and Sri Anand Tiwari for the State of U.P., and perused the written submissions filed by the appellants and the State.

2. This Capital Appeal alongwith the connected Criminal Reference under Section 366 Cr.P.C. arises from the judgement passed by the First Additional Sessions Judge, Chandauli dated 1.10.2012 awarding a sentence of death to the three appellants under Section 302 read with 34 IPC.

3. The prosecution case as mentioned in the F.I.R. lodged on 18.6.2005 at 10 p.m. by P.W. 1 Onkar Nath Tiwari, P.W. 1, son of the deceased Raj Kumari Devi, aged 70 years was that Ram Ashish Gond had become mentally unstable and he used to roam about in the village. Chandradev Tiwari alias Tengari Tiwari, Parmanand Tiwari and Chandra Shekhar Tiwari had told his brother the appellant Ram Dheeraj Gond that if they made a sacrifice of some Brahmin, then his brother Ram Ashish would recover. P.W. 7 Geeta Devi, daughter-in-law of the deceased and P.W. 5 Chandrama Chauhan had over heard this conversation. On 18.6.2005 the appellants Ram Ashish, Ram Dheeraj, Chandra Dev Tiwari, alias Tengari Tiwari, Parmanand Tiwari and Chandra Shekhar Tiwari sent Mangari, the mother of Ram Ashish and Ram Dheeraj to call the deceased Raj Kumari Devi and they killed her in their house at 6.30 p.m. Vimla, P.W. 3 saw Mangri taking away Raj Kumari Devi with her. Raj Kumari Devi’s corpse was found in the house of Ram Ashish. On the basis of the informant’s report at P.S. Dheena, a case was registered by P.W. 11 Head Moharrir Kislay Mishra against the present three appellants Ram Ashish Gond, Ram Dheeraj Gond and Smt. Mangari Devi and the co-accused Chandradev Tiwari alias Tengari Tiwari, Parmanand Tiwari and Chandra Shekhar Tiwari.

4. P.W. 8 S.I. Ram Prasad Yadav started investigation of this case. He proceeded to the village of incident, Sisaura. As light could not be arranged, the inquest could not be carried out in the night. The dead body was seen in the morning in the room in the house where the inquest was then conducted. After sealing the dead body it was handed over to the Constables Raj Kumar Yadav and Kalika Singh for carrying it for post-mortem.

5. P.W. 10 Dr. Arvind Singh conducted the post mortem on the body of Raj Kumari Devi on 19.6.2005 at 4.40 p.m. He found the following ante-mortem injuries :

1. Lacerated wound 2 cm x 1/2 cm x bone deep over the outer aspect of right side forehead between the right eye and ear. On opening the temporal bone was found fractured.

2. Lacerated wound 3 cm x 1 cm x bone deep on the mid part of nose and right lower eyes on opening nasal bone was fractured.

3. Multiple contusions in an area of 18 cm x 16 cm on both side forehead and face.

4. Multiple contusions on the top of left shoulder, arm, elbow and hand on the back and outer aspect.

5. Multiple contusions in an area of 18 cm x 12 cm on the outer and post aspect of left side chest.

6. Multiple contusion all over the outer aspect of left upper hand.

6. The Investigating Officer also collected a blood stained wooden patari and blood stained and plain mud from the spot and sealed the items and prepared the recovery memos. He prepared the site plan (Ext. Ka-6). He returned to the police station, where the appellants Ram Ashish and Mangari were present, who gave confessional statements to him on 20.6.2005. He also sent Ram Ashish Gond, Aarti Devi and Mangari on 19.6.2005 for medical examination. The appellants Ram Ashish Gond, Aarti Devi and Smt. Mangari were medically examined on the same day at 4.30 a.m., 4 a.m. and 4.45 a.m. respectively.

7. The injuries of Ram Ashish Gond were as follows :

1. Lacerated wound 1.5 cm x 1 cm x muscle deep on the back of the head. It was 15 cm above the nape of the neck.

2. Contusion of 12 cm x 4 cm upper outer part of right shoulder and right arm. Red in colour.

3. Contusion of 2.5 cm