(1.) The criminal appeal (CRA 1684/2017) has been preferred by the accused being aggrieved by the judgment and findings dated 04.04.2017 passed by the Second Addl. Session Judge, District Chhatarpur in Session Trial No. 05/2016 whereby the appellant has been convicted and sentenced as below:
(2.) The Second Addl. Sessions Judge, Chhattarpur also made reference to this Court under Section 366(1) of Cr.P.C. for confirmation of order of capital punishment of death awarded to the appellant. Thus, by this common order we propose to decide the aforesaid criminal appeal and criminal reference.
(3.) It is not in dispute that appellant Bhagchandra is the real brother of deceased Thakur Das and Devki Prasad and deceased Akhilesh was the son of Devki Prasad i.e. nephew of the appellant. Kiran Patel (PW-1) is the wife of deceased Devki Prasad. Urmila (PW-2) and Kamlesh (PW-3) are the daughter and son of deceased Devki Prasad and Kiran Patel (PW-1).
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