(1.) Present Appeal has come up before me vide order dated 23.2.2009 passed by Hon. C.J upon a reference being made under Section 392 Cr.P.C. It would appear that the aforesaid appeal was heard by the Division Bench consisting of Hon. S.S. Kulshrestha and Hon. B.A. Zaidi JJ and the judgement was reserved on 6.5.2008. Subsequently, on account of Hon. Judges being divided in opinion, both the Hon. Judges wrote their separate judgements in the appeal which are placed before me for my opinion under Section 392 Cr.P.C.
(2.) The aforesaid appeal was preferred against the judgement and order dated 24.2.2007 rendered by Sri Ashok Pathak, Addl. Sessions Judge Muzaffarnagar in S.T. No. 886 of 2006 whereby appellants Pradeep and Saranvir were convicted under Section 302 IPC and were awarded the death penalties.
(3.) Upon the matter being referred to me for opinion under Section 392 Cr.P.C, I have heard Sri P.N. Mishra learned Senior counsel appearing for the accused appellant and also learned Government Advocate for the State at prolix length and have also been taken through the entire record including judgement rendered by both the Hon. Judges.