JUDGMENT :

S.K. MISHRA, J.

1. In this Reference under Section 366 of the Code of Criminal Procedure, 1973 (hereinafter referred to as ‘the Code’ for brevity), and the connected Criminal Appeal No. 441 of 2021, the legality of conviction and sentence of death recorded by the learned Additional Sessions Judge, Tehri Garhwal, New Tehri, in Sessions Trial No. 02 of 2015, as per the judgment dated 21.08.2021, is examined, for confirmation or otherwise of the death sentence. The conviction itself is challenged by the condemned prisoner in the connected criminal appeal.

2. The facts of the case are that the father of the appellant–condemned prisoner submitted a written report on 13.12.2014 that the appellant has committed murder of his mother, brother and sister-in-law by means of a sword (a sharp edged weapon). On such report, first information report was registered; investigation was taken up, and on completion of investigation, charge-sheet was submitted against the appellant.

3. Keeping in view the peculiarity of the case, and the serious contention raised by the learned Senior Counsel Mr. Vashistha, we are of the opinion that there is no need to go into the question of facts and apprecia