JUDGMENT

G.P. Mathur, J.-In view of conflict of opinion in two decisions of this Court rendered in Lakhjit Singh & Anr. v. State of Punjab 1994 Supp. (1) SCC 173 and Sangarabonia Sreenu v. State of A.P. 1997(5) SCC 348 these appeals have been directed to be placed for hearing before a three-Judge Bench.

2. The accused Dr. Dalbir Singh was charged under Section 302 IPC for having committed the murder of his wife Vimal and two daughters Km. Neha aged 7 years and Km. Shruti aged 1½ year on 28.3.1991. He was further charged under Section 304-B IPC for causing dowry death of his wife Vimal and also under Section 498-A IPC for subjecting her to cruelty. The IXth Addl. Sessions Judge, Agra, by his judgment and order dated 20.3.1997 convicted him under Section 302 IPC and sentenced him to death. He was also convicted under Section 498-A IPC and was sentenced to 3 years R.I. but was acquitted of the charge under Section 304-B IPC. In appeal the High Court came to the conclusion that the charge under Section 302 IPC was not established and accordingly acquitted him for the said offence. The High Court also came to the conclusion that the accused was guilty under Section 306 IPC for having ab