JUDGMENT :

Nand Prabha Shukla, J.

1. Heard Sri Dileep Kumar, learned Senior Counsel assisted by Sri Sachin Mishra, who have appeared to assist the Court as Amicus Curiae and Ms. Archana Singh, learned Additional Government Advocate appearing for the State.

2. This Criminal (Capital) Appeal has been filed by the accused/appellant Ajay Kumar against the Judgement and Order dated 04.04.2019 passed by learned Sessions Judge, Auraiya in Sessions Trial No. 54 of 2016 (State Vs. Ajay Kumar and 3 others) arising out of Case Crime No. 142 of 2014, under Sections 452, 302/34, 506 and 225 IPC, Police Station-Arwakatra, District-Auraiya whereby appellant has been convicted and sentenced to death for offence under Section 302 IPC and to pay a fine of Rs. 1,00,000/-, for offence under Section 452 IPC to undergo rigorous imprisonment for three years and a fine of Rs. 5000/- and in Sessions Trial No. 55 of 2016 (State Vs. Ajay Kumar) arising out of Case Crime No. 143 of 2014, under Section 25/27 of the Arms Act, Police Station-Arwakatra, District-Auraiya whereby appellant has been convicted for offence under Section 25 of the Arms Act and to undergo rigorous imprisonment for three years and a fine of