JUDGMENT :

Anish Kumar Gupta, J.

1. Heard Shri Apul Misra and Shri Sukhvir Singh, learned counsel for both the appellants and Shri Amit Sinha, learned A.G.A. assisted by Ms. Mayuri Mehrotra and Ms. Archana Singh for the State.

2. Capital case No. 19 of 2022 has been filed by Mohd. Shakeel-appellant against the judgement and order dated 3.11.2022 passed by Special Judge (E.C. Act)/Addl. District and Sessions Judge, Farrukhabad whereby he has been convicted in S.T. No. 612 of 2007 arising out of Case Crime No. 1002 of 2007 P.S. Kotwali Farrukhabad District Farrukhabad under section 302/34 I.P.C. and sentenced to death penalty with fine of Rs.50,000/- and in default of payment of fine to go further Rigorous imprisonment for two years. He has also been convicted in S.T. No. 611 of 2011 arising out of Case Crime No. 1011 of 2007 P.S. Kotwali Farrukhabad District Farrukhabad under section 25 of the Arms Act and sentenced to imprisonment for three years Rigorous Imprisonment with fine of Rs.10,000/- and under section 27 of Arms Act he is sentenced to imprisonment for three years Rigorous Imprisonment with fine of Rs.10,000/-, with default stipulation.

3. Capital case No. 2 of 2023 has been fi