(1.) Accused/appellant- Shyamlal was tried by learned Sessions Judge, Jagdalpur, in Sessions Trial No. 38/ 2006 for committing the murders of his fa- ther-Raghu Singh, mother Sapdai and sister Suvidha in the intervening night of 22nd/ 23rd September, 2005. After conclusion of the trial, learned Sessions Judge convicted the accused/appellant for each murder separately under Section 302 of the I. P. C. and sentenced him with extreme penalty of death sentence.
(2.) Learned Sessions Judge has submitted the proceedings for confirmation of death sentence under Section 366 of the Cr. P. C. and the same has been registered in this Court as Death Reference No. 1/2006. At the same time, accused Shyamlal has also preferred an appeal under Section 374(2) of the Cr. P. C., through the Superintendent, Central Jail, Jagdalpur, questioning the legality and correctness of the judgment of conviction and order of sentence. Same has been registered as Criminal Appeal No. 626/ 2006. Therefore, the criminal appeal as well as death reference are being disposed of by this common judgment.
(3.) We have heard Dr. N. K. Shukla, learned Sr. Advocate with Ku. Reetu Mishra, counsel for the accused/appellant in Criminal Appeal No. 626/2006 and Mr. G. D. Vaswani, learned Additional Public Prosecutor with Shri Akhil Mishra, Panel Lawyer for the State.