(1.) TO comply with the mandate of Section 366, CrPC requiring confirmation of death sentence by High Court, the impugned judgment dated 22.09.2010 and the order on sentence dated 06.10.2010 awarding death penalty to the appellant for committing triple murder, was sent to this Court for confirmation. The Trial Court also convicted the Appellant/accused for committing the offences under Sections 25 and 27 of the Arms Act, and imposed a sentence of 3 years rigorous imprisonment, each in respect of those offences, and directed them to operate concurrently. Feeling aggrieved from the impugned judgment, the convict/appellant also preferred appeal No.1435/2010 challenging his conviction and order on sentence awarding him extreme penalty.
(2.) WHILE dealing with the death reference and the connected appeal, a duty is cast upon this Court to reappraise the evidence and judgment of the Court of Sessions to satisfy itself about the guilt or innocence of the accused person. In a case reported as Juman & Ors. Vs. State of Punjab AIR 1957 SC 469, while considering the scope of Sections 366 to 368 CrPC, in para 12 of the judgment, it was observed as under : - "12. In fact the proceedings before the High Court are a reappraisal and the reassessment of the entire facts and law in order that the High Court should be satisfied on the materials about the guilt or innocence of the accused persons. Such being the case, it is the duty of the High Court to consider the proceedings in all their aspects and come to an independent conclusion on the materials apart from the view expressed by the Sessions Judge, but under the provisions of the law above -mentioned it is for the High Court to come to an independent conclusion of its own."
(3.) THE criminal law was set into motion by the appellant himself on 18.07.2005. DD no.lOA (Ex.PW5/A) recorded at about 6.00 AM, at PS Dwarka was to the effect that the appellant, a resident of flat No.B -702, Jagran Apartment, Sector -22, Dwarka had confessed to his committing the murder of his wife and two children. The copy of the said DD entry was handed over to SI Rajnish who alongwith Ct. Mahavir left for the spot.
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