Arvind K. Tripathi,J.

1. The instant Capital Case No. 3086 of 2015 Hariom alias Hero Vs. State of U.P. with Reference No. 8 of 2015, along with connected Criminal Appeal No. 3316 of 2015 Sanjai alias Sonu Sharma Vs. State of U.P., Criminal Appeal No. 3317 of 2015 Haseen Khan Vs. State of U.P., Criminal Appeal No. 3512 of 2015 Saurabh alias Sanju Vs. State of U.P., Criminal Appeal No. 3836 of 2015 Bhaiye alias Farid alias Rafique Vs. State of U.P., have been preferred against the impugned judgment and order dated 13.7.2015 passed by Additional Sessions Judge, Court No. 2, Firozabad in S.S.T. No. 234 of 2008 State Vs. Rijwan and Others, under Sections 396, 411 IPC and 3(2)(5) SC/ST Act and 25 Arms Act, P.S. Ramgarh, District Firozabad arising out of Case Crime No. 367 of 2008, S.S.T. No. 235 of 2008 State Vs. Sanjai, under Section 25 Arms Act, arising out of Case Crime No. 368 of 2008, S.S.T. No. 236 of 2008 State Vs. Saurabh alias Sanju, under Section 25 Arms Act, arising out of Case Crime No. 372 of 2008, S.S.T. No. 237 of 2008 State Vs. Haseen Khan, under Section 25 Arms Act, arising out of Case Crime No. 370 of 2008, S.S.T. No. 238 of 2008 State Vs. Hariom alias Hero, under Section 25 Arms Act, arising out of Case Crime No. 371 of 2008, S.S.T. No. 239 of 2008, under Section 25 Arms Act, arising out of Case Crime No. 369 of 2008 and S.S.T. No. 504 of 2011 State Vs. Bhaiye alias Farid alias Rafique, under Section 25 Arms Act, arising out of Case Crime No. 381 of 2008. Hence, all the appeals were heard jointly and the same are being decided by a common judgment and order.

2. Vide impugned judgment, the appellants were acquitted under Section 412 IPC and 3(2)(5) SC/ST Act and under Section 25 Arms Act. The accused-appellant Hariom alias Hero has been convicted under Section 396 IPC providing capital punishment subject to confirmation by this Court and rest of the appellants were awarded sentence of life imprisonment under Section 396 IPC with a fine for a sum of Rs. 25,000/- each with the direction that 75% of the amount shall be handed over to Ujjawal, only surviving family member of the victims. Further direction was that in default of payment of fine, the appellants shall serve six months further imprisonment. Being aggrieved against the impugned judgment, above-noted appeals have been preferred.

3. Mr. Yogesh Srivastava, learned Advocate appeared on behalf of the appellant Hariom alias Hero, Mr. Ram Babu Sharma, Advocate appeared on behalf of the appellants Sanjay alias Sonu Sharma, Haseen Khan and Rijwan, Mr. K.C.Pandey, Advocate appeared on behalf of appellant Saurabh alias Sanju and Mr. Shailendra Prakash Pandey, Advocate appeared on behalf of the appellant Bhaiye alias Farid alias Rafique. Learned Government Advocate appeared on behalf of the State.

4. We heard the arguments of learned counsel for the parties on 1.9.2016, 5.9.2016, 7.9.2016, 8.9.2016, 9.9.2016, ...19.9.2016 and the judgment was reserved.

5. Brief facts of the case is that the F.I.R. was lodged by one Kotwal Singh, brother-in-law(Dewar) of the deceased Smt. Nirdosh, wife of late Rajpal. The F.I.R. was lodged and registered on the same day i.e. 28.10.2008 at 7.40 A.M. at P.S. Ramgarh, District Firozabad on the basis of written report. According to the F.I.R. version, family of late Rajpal was living in a house at Nagala Mirja Bada. In the night of 27/28.10.2008, some unknown persons killed his (complainant's) sister-in-law(Bhabhi) Smt. Nirdosh aged about 40 years by cutting her neck and his niece Km. Poonam aged about 18 years, nephew Ashish and Anshul aged about 12 and 10 years respectively by throttling. In the morning, when milkman (Doodhia) came then he informed regarding the incident that all the dead bodies were lying in the room of the house and the assailants have broken almirah, suitcase, etc. and looted jewellery, cash, etc. It was further mentioned that list of looted articles would be submitted subsequently. Request was made to take nec