(1.) We hereby propose to decide the reference under Sec. 366 of the CrPC made by Shri S.K. Sarvaria, Additional Sessions Judge for confirmation of the judgment dated 1st July, 2010 and the order on sentence dated 8th July, 2010 whereby after finding the accused guilty of commission of offences under Sec. 302, 201, 394, 397, 506(ii) and 307 of the Indian Penal Code ('IPC hereinafter), the learned Trial Judge has imposed the death sentence for commission of the offence under Sec. 302 of the IPC while imposing rigorous imprisonment for commission of the other offences.
(2.) The accused has separately assailed the judgment dated 1st July, 2010 and the order on sentence dated 8th July, 2010 by way of Crl.A. No. 249/2011. The accused is represented by Mr. Prashant Jain, Advocate as well as Mr. Jai Bansal, Amicus Curiae appointed by this court in the reference as well as the appeal. The complainant is represented by Mr. Puneet Ahluwalia, Advocate. We have heard learned counsels as well as Ms. Ritu Gauba, learned APP for the State at length who have carefully taken us through the record.
(3.) The case of the prosecution as proved on the record is within a narrow compass. FIR No. 147/07 (Exh. PW -4/A) was registered by Police Station Vasant Kunj on 2nd March, 2007. The case arising therefrom was tried as SC No. 252/2009/2007 before the learned Additional Sessions Judge. Mithlesh Kumar Kushwaha was arraigned therein as an accused person. On 8th August, 2008, the following charges were framed against him :