(1.) Since the Sessions Trial based on circumstantial evidences only, was culminated into conviction of the sole accused for the offence of murder punishable under Section 302 of the IPC and accordingly death sentence is awarded to him, therefore this Capital Sentence No.1 of 2017 is before us for confirmation of the sentence. The reference is admitted vide order of a Division bench of this Court dated 02.03.2017. Simultaneously a Jail Appeal on behalf of the convict detained in District Jail Faizabad sent by Jail Superintendent, is also pending before this Court bearing no. 358 of 2017.
(2.) The Court of third Additional Sessions Judge, Ambedkar Nagar tried the Sessions Trial no.213 of 2013 under Section 302 IPC, arisen from the case crime no.61 of 2013, registered in Police Station, 'Kotwali Tanda', District Ambedkar Nagar, against the sole accused 'Ram Gopal Saini' arraigning him for the murder of his mother, wife and a son of tender age approximately 4 years. The trial ended with the conviction and sentence of Death punishment under Section 302 IPC vide judgment and order dated 15.02.2017.
(3.) Sri Nagendra Mohan, Advocate has put his appearance for and on behalf of the accused appellant. Learned Government Advocate, Sri Vimal Prakash assisted by Sri Pankaj Kumar Tewari, A.G.A. represents the 'State' to contest the appeal and defend the reference case of confirmation of Death sentence awarded to the accused appellant. The Session Judge of Ambedkar Nagar District Judgeship has already sent with reference the entire record of trial Court under Section 366 of CH. XXVIII of Criminal Procedure Code 1973 for perusal. Since both, the criminal appeal and the capital sentence reference would have common questions of law and fact to be decided, therefore we think it necessary to hear and decide them simultaneously through a common judgment.
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