Mrs. Sunita Agarwal,J

Heard Shri Vijay Singh Gour, learned counsel for the appellant, Shri Akhliesh Singh, learned Government Advocate and Shri Anand Tiwari and Shri R.K. Singh, learned A.G.A. for the State.

2. The present capital appeal is directed against the judgment and order dated 27.5.2013 passed by the Additional District and Sessions Judge, Court no.7, Ghaziabad. By judgment and order dated 27.5.2013 passed in S.T. No. 1523 of 2009, the appellant was convicted and sentenced to death under Section 302 I.P.C. with a fine of Rs. One lac.. In default, he has to undergo additional imprisonment of five years. It was further directed that against P.W.5 Smt. Durgawati wife of the appellant the proceedings under Section 344 Cr.P.C. shall be initiated. The death reference no. 8 of 2013 was also sent by the trial court for confirmation.

3. The prosecution case is that a written report was submitted by one Amit Kumar Verma son of Ram Pravesh Verma on 8.6.2009 at about 8 A.M. In the report, it was stated by the informant Anil Kumar Verma that on 8.6.2009 at about 6.30 A.M. in the morning when he reached the house of his elder brother Ravindra Kumar Verma,i.e. the appellant, he saw