JUDGMENT :

Ramesh Sinha, J.

1. The appellant Ramanand alias Nandlal Bharti was charged by the Sessions Judge, Lakhimpur Kheri in Sessions Trial No. 379 of 2010 for offence punishable under Section 302 Indian Penal Code. Vide judgment and order dated 04.11.2016, learned Sessions Judge convicted and sentenced him under Section 302, I.P.C. to death and fine of Rs.20,000/- and in default of payment of fine to undergo imprisonment for one year.

2. Aggrieved by his conviction and sentence, Ramanand alias Nandlal Bharti has preferred, in this Court, Criminal Appeal No. 1959 of 2016 from jail.

3. Capital Sentence Reference No. 1 of 2016 arises out of the reference made by the learned trial Court under Section 366 (1) of the Code of Criminal Procedure, 1973 to this Court for confirmation of the death sentence of Ramanand alias Nandlal Bharti.

4. Since Criminal Appeal No. 1959 of 2016 and Capital Sentence Reference No. 1 of 2016 arise out of a common factual matrix and impugned judgment, we are disposing them of by this judgment.

5. Shortly stated, the prosecution case runs as under:

On 22.01.2010, when informant Shambhu Raidas (P.W.1) was present at his home situate in Village Namdarpurwa, Police