P. K. SHYAMSUNDAR, J.

( 1 ) THE Appellant herein is one H. Umesh Umakanthrao a youngman still not turned 30 years but has now been in the shadow of death ever since he was convicted for an offence of murder and sentenced to death by hanging, by the judgment of the learned Additional City Civil and Sessions Judge, Bangalore rendered on the 8th of June 1989. The appeal against the aforesaid judgment represents the endeavour made by the appellant to free himself from the clammy grip of the noose and the gal-lows. Whether he succeeds and will remain a free man breathing free air or whether the gallows will succeed in sucking him finally into its vortex will depend on the out-come of this appeal in which the facts are few and simple.

( 2 ) THE Appellant is accused of having done to death his twin babies who had barely completed 3 months of their existence in this world after being ushered in by their mother P. W. 2 Sivithri Bai whom the appellant accused had married a decade before the incident in this case which takes us to the year 1979. The accused had begotten a son by name Manjunatha the first born of the couple aged about 7 years at the time of incident which is said to have tak

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