JUDGMENT :

Ramesh Sinha, J.

(A) INTRODUCTION

1. The accused, Deen Dayal Tiwari, was tried by the learned Additional District & Sessions Judge, Court No.5, Faizabad in Sessions Trial No.24 of 2013 : State Vs. Deen Dayal Tiwari, arising out of Case Crime No. 746 of 2011, under Section 302 I.P.C., Police Station Pura Kalandar, district Faizabad.

2. Vide judgment and order dated 29.01.2014/30.01.2014, the learned Additional District & Sessions Judge, Court No.5, Faizabad, convicted the appellant-Deen Dayal Tiwari under Section 302 I.P.C. and sentenced him to be hanged to death till he is dead and with fine of Rs.50,000/-.

3. Aggrieved by the aforesaid judgment and order dated 29.01.2014/30.01.2014, convict/appellant, Deen Dayal Tiwari, preferred Criminal Appeal No. 1776 of 2016 : Deen Dayal Tiwari Vs. State of U.P.

4. Capital Case No. 1 of 2014 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 convict Deen Dayal Tiwari.

5. Since the above-captioned capital sentence reference and appeal arise out of a common factual matrix and impugned judgment and order dated 29.01.2