Judgment

B.N. Srikrishna, J.—This appeal arises out of a judgment of the High Court of Karnataka upholding the conviction of the appellant on the charge of Section 302 and confirming the death penalty imposed on the accused-appellant.

2. The appellant-Saibanna was convicted for the murder of his wife- Nagamma, aged about 22 years, and his daughter-Vijayalakshmi, aged about 1 1/2 years. The appellant had earlier committed murder of his first wife-Malakawwa for which he was convicted in Sessions Case No. 32/88. While the appellant was an under trial prisoner, he came into contact with PW1- Dattu, who was also an under trial prisoner. PW 1-Dattu is the father of the deceased, Smt. Nagamma. The appellant persuaded PW 1 to give his daughter- Nagamma in marriage to him. PW 1 also gave an assurance to the appellant that he would try and get the appellant acquitted in the case against him. Later on, PW1-Dattu was discharged by the court. During the period of the trial, the appellant was on bail for sometime and he utilised this for getting married to Nagamma. He also begot a female child Vijayalakshmi from her. He was thereafter convicted in Sessions Case No. 32/88 and was handed down a sent