JUDGMENT- VISHNU SAHAI, J.:---Since both these matters arise out of the same set of facts, we propose disposing them of by a common judgment.

2. Vide Judgment and order dated 3rd May, 1994, the Vth Additional Sessions Judge, Pune in Sessions Case No. 142 of 1993, sentenced the appellant under section 302 I.P.C. to death for committing the murders of Smt. Mirabai Govind Gade and Baburao Dhondiba Gade. The order convicting the appellant under section 302 of Indian Penal Code was passed by him on 30th April, 1994. It is this conviction and sentence which has been challenged in the present appeal. Clubbed along with this appeal is Confirmation Case No. 1 of 1994, which arises out of the reference made by the learned Trial Judge, under section 366 of Criminal Procedure Code, for confirmation of the death sentence of the appellant.

3. The prosecution case in brief, is that the appellant Prabhu Barku Gade is the first cousin of the informant Govind Baburao Gade, who was the husband of Smt. Mirabai Govind Gade, one of the two deceased persons in the instant case; other being Baburao Dhondiba Gade, the father of the informant and the real uncle of the appellant. Both the informant and the ap

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