KAMAL KISHORE, J. - (1.) BOTH the aforesaid criminal appeals as well as the criminal reference arise out of the same judgment dated 15.2.2000 passed by Sri Daya Ram, the learned Xth Additional Sessions Judge, Sitapur convicting the accused Surya Prasad Verma for the offence punishable under Section 302, I.P.C., awarding death sentence to the accused appellant Surya Prasad Verma. Hence all these three matters are being dealt with by a common judgment.
(2.) FEELING aggrieved by the aforesaid judgment passed by the learned Additional Sessions Judge, the accused appellant has preferred both these appeals and a reference has been made for confirming the capital sentence of the accused appellant Surya Prasad Verma. The fact that Kripashanker alias Badkannu and Munna Lal have died as a result of poisoning in the instant case has not been disputed and the same finds support from the post -mortem reports Exhibit Ka -2 and Ka -1 respectively prepared by Dr. Ashok Kumar P.W. 3 as well as from the visra report examined by C.W. 1, Dr. Suresh Chandra Sharma. The accused appellant Surya Prasad Verma has, however, alleged that he has nothing to do with the crime and he has been falsely implicated in this case due to enmity with the jailer Sri Prema Mohan Kanchan.
(3.) WE have heard the learned counsel for the parties and have gone through the record.;