(1.) DEATH Reference 01/2007 arises out of the impugned judgment dated 13th December, 2006 delivered by the learned Additional Sessions Judge, Karkardooma Courts, Delhi, by which the accused R.P. Tyagi posted as the SHO at the relevant time, was convicted under Sections 302/342/120-B IPC. Further, by his order dated 15th December, 2006 accused R.P. Tyagi was sentenced to death.
(2.) THE Death Reference and the Appeal of the convicted accused R.P. Tyagi were taken up together for hearing and after hearing Mr. Sunil Sharma, Additional Public Prosecutor for the State and Mr. R. N. Sharma, the learned counsel for the accused, both the matters are now to be governed by this common judgment.
(3.) THE brief facts of the case as per the prosecution sans unnecessary details are as follows :