Hon’ble Sunita Agarwal, J.—A judgment dated 9.7.2013 passed by the Additional Sessions Judge /Special Judge (D.A.A.) Mainpuri convicting the appellant to death sentence under Section 302 I.P.C. with rigorous imprisonment for life under Section 376 (2) (f) I.P.C. and a fine of Rs. 15,000/- in default of payment of fine he shall further undergo six months additional simple imprisonment and rigorous imprisonment under Section 201 I.P.C. for seven years with a fine of Rs. 5,000/- in default of payment of fine, he shall further undergo additional simple imprisonment for three months, has been challenged by means of this capital appeal, preferred by the appellant. A reference No. 9 of 2013 under Section 366 Cr.P.C. for confirming the death sentence has also been sent by the trial Court. All the sentences were to run concurrently.

2. We have heard Shri Ajay Kumar, learned counsel for the appellant and Shri Akhilesh Singh, learned Government Advocate for the State and have perused the trial Court judgment and the record.

The prosecution case is that a written report was submitted by one Shiv Nath Singh alias Gabbar Singh son of Lala Ram resident of village Bhanau P.S. Bichava distr