ORDER

The appellant was found guilty by the Sessions Court for the offences punishable under Sections 363, 376 and 302 IPC. For the offence of murder he was sentenced to death. The appellant preferred an appeal before the High Court and there was also the reference case regarding confirmation of death sentence. The appeal and reference were heard together and the division bench of the High Court of Gujarat confirmed the conviction of the appellant on all the counts and the death penalty imposed on the appellant for the offence under Section 302 IPC was confirmed. Aggrieved by the conviction and sentence this appeal was preferred.

2. The appellant Surendra Pal Shivbalakpal was staying in one of the rooms of a building owned by complainant Kavalpati, a widow having three children. On 11.9.2002 at about 10 p.m., the appellant came to PW-2 Kevalpati and offered Rs. 150/- and sought for sexual favours. PW-2 got angry and she asked him to go away, but the appellant declined to leave the place. PW-2 told her brother Rajaram and her son Manoj that the appellant had been harassing. They came and scolded the appellant and he left the place. During the night, PW-2 along with her two minor daug