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,