Hon’ble Om Prakash-VII, J.—All the four aforesaid connected criminal (capital) appeals have been filed by the accused appellants Amar Singh, Kamlesh, Kehari Singh, Rakesh, Kanti and Budhsen alias Raju against the judgement and order dated 20.12.2010 passed by the learned Additional Sessions Judge, Kashi Ram Nagar in Sessions Trial No. 138 of 2009 (State v. Budhsen alias Raju and others) pertaining to crime No. 46 of 2009 under Sections 147, 149, 302 IPC, Police Station Amapur, District Kashi Ram Nagar whereby all the accused appellants have been convicted and sentenced to death punishment under Section 302 IPC and further to undergo one year rigorous imprisonment under Section 147 IPC.

2. Concerned Court through the learned Sessions Judge, Kashi Ram Nagar had also sent a Reference No. 1 of 2011 under Section 366 Cr.P.C. for confirmation of the death sentence, which is also connected with the aforesaid criminal (capital) appeals.

3. Since all the aforesaid four connected criminal (capital) appeals arise out of the same judgment and order passed in sessions trial No. 138 of 2009 and have been heard together, therefore, they are being decided alongwith the reference by a common judgment.

4. The prosecution case in a nutshell was that on 26.2.2009, informant Harbansh (P.W.1), the resident of village Suratpur Khushkari, District Kanshi Ram Nagar, moved a written report Ex.Ka.1 scribed by one Itwari Lal at the police station Amapur, District Kanshi Ram Nagar mentioning therein that informant’s younger brother Hori Lal, his wife Nattho Devi and son Manoj Kumar were residing in a separate house. On 25.2.2009, there was a marriage ceremony of the daughter of Yograj in the village in which rangshala (musical and dance programme) was also organized. Informant had also gone there. When, at about 12:00 O’clock in the night, he was returning to his home, he heard the shrieks from the house of Hori Lal whereupon he entered in the house and saw that accused Buddhsen @ Raju son of Hori Lal, Amar Singh son of Mihi Lal residents of the same village, Kehari Singh son of Ramjeet, Rakesh son of Kehari resident of Hodalpur, P.S. Soron, Distt. Kashi Ram Nagar, Kanti resident of Virsua, P.S. Dholna, District Kashi Ram Nagar and Kamlesh resident of Madda Nagla, P.S. Kotwali Dehat, District Etah were assaulting his brother Hori Lal by throttling him on the cot. When the informant asked the accused persons, what are they doing, they hurled abuses and threatened the informant to keep mum otherwise they would not spare him, as they had not spared his brother’s family. When the informant loudly raised an alarm, the local people of the mohalla arrived on the spot and chased them, as a result accused persons fled away. The informant and other persons reached near Hori Lal and saw that Hori Lal was done to death. Smt. Nattho Devi wife of Hori Lal was also done to death and her dead body was lying on the roof of the house. Manoj Kumar, son of deceased Hori Lal was missing also. The incident was witnessed by the informant and the village people in the light of petromax lantern. They thought that Manoj would have fled away due to fear to save himself, but next morning the village people told the informant that the accused-persons had taken away Manoj in the night itself towards the bambi. One Devkaran son of Bhojraj came there and told that the dead body of Manoj Kumar was lying in the orchard of Natthu Singh resident of Mihari. When the informant reached there, he saw the dead body of Manoj lying there. He was done to death by crushing his head. It was also mentioned in the report that accused Budhsen alias Raju had taken loan due to which the deceased Hori Lal had sold his two bighas agricultural land to repay the loan. Now accused Budhsen alias Raju wanted some more land so the panchayat was convened in this regard. Deceased Hori Lal when refused to give more land, accused Budhsen alias Raju threatened and uttered the following words “Ke Ped he nahi ra