JUDGMENT

R.C. Lahoti, J.-The accused-appellant has been held guilty of offences punishable under Section 302 and Section 376 (2)(f) of Indian Penal Code. The trial Court sentenced the appellant to death under Section 302 IPC and to undergo rigorous imprisonment for life and pay a fine of Rs.l0,000/-, in default of payment to undergo further R.I. for 3 years, under Section 376(2)(f) IPC. While the learned Additional sessions Judge made a reference to the High court for confirmation of death sentence under Section 366 Cr.P.C., the appellant preferred an appeal putting in issue his conviction and sentence. The criminal reference and the criminal appeal were heard by a division bench of Rajasthan High Court. The two learned Judges, constituting the division bench, differed in their opinion. In the opinion of one learned Judge, the circumstantial evidence, on which rests the prosecution case, was not sufficient to record a finding of guilty against the appellant on any of the charges framed against him. In the opinion of the other learned Judge, the prosecution evidence was sufficient to sustain the conviction, as recorded by the trial Court, though, the case was not one of those rarest