SUDHIR AGARWAL, J.

1. Present reference under Section 366 Cr.P.C. and Capital Case under Section 374(2) Cr.P.C. have arisen assailing judgment and order dated 01.03.2017 passed by Sri Gurpreet Singh Bawa, Additional Sessions Judge, Court No. 1, Mainpuri in Session Trial No. 377 of 2014, whereby accused-appellant has been convicted under Sections 302 and 201 IPC. Considering the case to be rarest of rare, accused-appellant was awarded death sentence with a fine of Rs. 20,000/- and in default of payment of fine, he has to undergo Rigorous Imprisonment (hereinafter referred to "R.I.") for two months. Further under Section 201 IPC, he was sentenced to undergo R.I. for seven years with a fine of Rs. 5000/- in case of default in payment of fine, he has to further undergo R.I. for two months. Out of fine realized, Rs. 20,000/- was to be paid to the family of deceased.

2. As per prosecution case, incident in the instant case relates to double murder committed by accused-appellant Sovaran Singh Prajapati, of his own wife and minor daughter. Prosecution case as per First Information Report (hereinafter referred to as 'FIR) Ex. Ka-6 lodged on 30.06.2014 at 10:00 AM, at P.S. Karhal, Di