JUDGMENT :

S. L. KOCHAR, J.

1. This judgment shall also govern the disposal of Criminal Appeal No. 187/2010 filed by the appellant/accused Birju against the impugned judgment of conviction and sentence.

2(i). The learned Sessions Judge, Indore/trial Court submitted the Criminal Death Reference No. 1/2010 for confirmation of death sentence passed by the impugned judgment dated 16-2-2010, whereby the learned Sessions Judge has convicted the appellant Birju for the offence under section 302 of the Indian Penal Code (for short "the IPC") and sentenced him to death in Sessions Trial No. 19/2010. The appellant Birju has also been convicted under section 27 of the Arms Act, 1959 and sentenced to RI for three years with fine of Rs.1,000/-. In default of payment of fine, he shall suffer additional RI for one month.

2(ii). The appellant/accused Birju has also preferred Criminal Appeal No. 187/2010 being aggrieved by the impugned judgment of conviction and sentence passed in S.T. No. 19/2010 dated 16-2-2010 by learned Sessions Judge, Indore, as mentioned hereinabove.

3(i). Laconically the pros