This capital criminal appeal from Jail has been preferred against the judgment of the Sessions Judge, Pilibhit dated 12.5.2011 sentencing the appellant to death under section 302 I.P.C.

A reference No. 11 of 2011 was also sent by the learned Sessions Judge for confirmation of the sentence.

The appellant has been acquitted by the trial judge for the offence punishable under section 4/25 of the Arms Act because the number of the notification issued by the U.P. Government for possession of a knife in district Pilibhit, was not mentioned in the charge sheet submitted against the appellant.

The prosecution case as disclosed in the First Information Report lodged by Rajendra Singh, PW 1, the son of the deceased Kewal and husband of deceased Smt. Devendra Kaur was that on 12.6.2009 at about 4.00 A.M, the deceased Kewal was sleeping on a separate cot and the deceased Devendra Kaur was sleeping on another cot along with her son, the child witness Tirath Singh, PW 2 and Sarjeet Kaur, the daughter of her "Saali. " The informant had gone to the field for easing himself. At that time the appellant who was a cousin brother of the informant, and then a resident of village Singhpur arr