(Delivered by Hon'ble Arvind K. Tripathi, J.)

1. The present capital appeal no.1251 of 2015 connected with reference no.01/15 for confirmation of capital punishment awarded by the judgment and order dated 30.3.2015 passed by Sessions Judge, Farrukhabad is against the same judgment hence both the cases are being considered and decided by a common order.

2. The present capital appeal has been preferred challenging the validity of the judgment and order of conviction and sentence dated 30.3.2015 in S.T. No.5/15 arising out of case crime no.783 of 2014 under section 302, 506 IPC, P.S. Kotwali Farrukhabad, District Farrukhabad and S.T. No.6/15 arising out of case crime no.784 of 2014, under section 25/27 Arms Act, P.S. Kotwali Farrukhabad, District Farrukhabad by which appellant was convicted and sentenced for death punishment under section 302 IPC subject to confirmation by the High Court, under section 506 IPC for two years rigorous imprisonment with fine of Rs.10,000/- in default of payment of fine 3 months rigorous imprisonment, under section 25 Arms Act for three years rigorous imprisonment with fine for a sum of Rs.5,000/- in default of payment of fine two months additional rigorous imprisonment, under section 27(1) Arms Act two years four month rigorous imprisonment with fine of Rs.5,000/- in default of payment of fine two month rigorous imprisonment. Further direction was that all the sentence shall run concurrently. It was further directed that half of the amount of penalty if deposited should be given to the dependent of the deceased Inspector.

3. The reference was sent by the trial judge to this Court for confirmation of death punishment under section 302 IPC in view of the provision of Chapter IX Rule 64 General Rule (Crl.).

4. Mr. Vinod Kumar Srivastava, Advocate, argued the case on behalf of appellant, learned Government Advocate Mr. Akhilesh Singh assisted by Mr. A. N. Mullah and Mr. Chandrajeet Yadav and Mr. N. K. S. Yadav, learned Additional Government Advocates appeared on behalf of State, Mr. Ajeet Kumar Singh appeared on behalf of complainant.

5. We heard appeal on 9.12.2015, 15.12.2015, 21.12.2015 and on 18.1.2016 judgment was reserved on 18.1.2016.

6. The brief facts of the case is that first information report was lodged and registered at case crime no.783 of 2014, under section 302, 506 IPC, P.S. Kotwali Farrukhabad, District Farrukhabad and regarding the recovery of the country-made pistol from the spot case was registered at case crime no.784 of 2014 under section 25/27 Arms Act, P.S. Kotwali Farrukhabad, District Farrukhabad.

7. The first information report was lodged by S.S.I. Harishchandra Singh on 29.11.2014 at 6.45 P.M. According to first information report and G.D. No.38 at 15.45 O' Clock of P.S. Kotwali, Farrukhabad, Sub Inspector Harishchandra Singh with Constable 627 Ashok Kumar, Constable 673 Vijay Shanker Rai, Constable 696 Vijay Kumar, Inspector Incharge Sri Rajkumar Singh by Government Jeep No.UP 76-G-0114 with Constable driver Manoj Kumar proceeded for search of accused appellant Pappu @ Chandra Kumar son of Thakuri Prasad R/o Village Bag Lakula, P.S. Kotwali Farrukhabad, District Farrukhabad after getting information regarding his presence at his house from where riksha was being operated. The police party reached for his arrest and for further action at village Bag Lakula and accused Pappu @ Chandra Kumar was known to Sub Inspector Harishchandra and Constable. At about 16-10 O' Clock jeep was stopped in front of his 'Riksha House' they raided the house, however, suddenly seeing the police party in dress, the accused appellant came out from the house and tried to run away. When In-charge Inspector Sri Rajkumar Singh and other police personnel proceeded to catch accused appellant and he was asked to stop but he took out his countrymade pistol pointing towards Inspector Incharge and warned not to arrest him otherwise they have to face the consequences. However, Inspector Incharge Sri