JUDGMENT

Raju, J.-The appellant, head of the family which consisted besides himself, his wife, four daughters and a son aged about 5 years, stood charged for committing a brutal and cold blooded murder of his wife and four daughters by setting them on fire, when they were stated to be fast asleep under an impression that they were safe in their own house, and convicted for the offence of murder under Section 302 IPC and awarded death sentence by the learned trial judge which in turn was also confirmed by the High Court. Though charged with an offence under Section 201 IPC also, the trial court acquitted him of the same. Before the High Court, confirmation case No. 3 of 2000 and Criminal Appeal No. 540 of 2000 filed by the appellant came to be disposed of together and while confirming the conviction and imposition of the death sentence, the appeal came to be dismissed by a Division Bench of the Gujarat High Court at Ahmedabad.

2. The area of controversy is very narrow in that as to whether it is homicidal as per the prosecution version or by sheer accident, as sought to be contended on behalf of the appellant. The occurrence was in the very house where the family lived wherein the app