Hon’ble Om Prakash-VII, J.—Present reference under Section 366 Cr.P.C. and Capital Case (Appeal) under Section 374 (2) Cr.P.C. have arisen assailing judgment and order dated 18.5.2018 passed by Additional Sessions Judge/Special Judge, E.C. Act, Jaunpur in Session Trial No. 384 of 2012 (State of U.P. v. Manoj Kumar), under Section 302 I.P.C., Police Station Baksha, District Jaunpur convicting and sentencing accused appellant for the offence under Section 302 IPC with death punishment and with a fine of Rs. 20,000/- and in the event of non payment of fine he has to go undergo two years’ rigorous imprisonment.

2. Prosecution story in nutshell, as mentioned in the written report (Ext. Ka-1), are as follows:

3. On 3.10.2012, written report (Ext. Ka-1), was moved before the Superintendent of Police, Jaunpur by P.W.-1 Samarjeet, brother of deceased, mentioning therein that his sister Sushma Devi, deceased, aged about 26 years, was married on 10.5.2002 with accused appellant Manoj Kumar, resident of village Sarauli, Police Station Baksha, district Jaunpur. Manoj Kumar used to harass deceased and always asked for Motor Cycle in dowry. He also demanded additional dowry from deceased