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 appellant are said to be residents of the same village, Asred Budruk. The house of the appellant is said to be situated at a very short distance from that of the informant. It is said that the informant used to reside in his farm house known as Padal in land Gat No. 183 and his father, the deceased Baburao, used to stay at night at a Padal in Gat No. 181 in the same village; the distance between the two Padals being about one to one and a half furlongs.

According to the prosecution at about 7.30 p.m. on 2nd November, 1992 the informant, his father Baburao Dhondiba Gade, Chandrakant Sabaji Gade P.W. 5. Vithoba Gangaram Walke, P.W. 6 and some others were sitting outside the Padal situate in land Gat No. 183 (Padal of the informant) and were talking amongst themselves. At that time, the appellant came there and questioned Baburao Gade as to why he had cut grass from his field. It is said that Baburao tried to pacify the appellant and told him that he had not cut the grass from his field. However, the appellant was not satisfied and kept on abusing Baburao. He is also alleged to have caught hold of him. However, P.W. 5 Chandrakant Sabaji Gade and one Chindu, not examined; took the appellant to his house. Before leaving, the appellant is said to have threatened Baburao to the effect that he would see him that very day.

4. After the appellant had gone away, the informant, his father Baburao Gade and others had dinner and thereafter at about 9.00 p.m. the informant went to apprise the Sarpanch, Chairman and Police Patil about the aforesaid threat extended by the appellant to his father and to request them to pacify the appellant. However, he did not find the Police Patil but met Baban Laxman Gade, P.W. 8, the Sarpanch of the village and the Ex-Chairman Baban Ganpat Gade. They told him that next morning, they would reprimand the appellant and in case he did not listen to them, they would ensure that a complaint was filed against him at the police station. Feeling assured, the informant started going back towards his Padal. On the way fell his fathers Padal (Field Gat No. 181). At about 10.30 p.m. when he reached his fathers Padal, he gave a call to his father but his father did not reply. Naturally he got suspicious. When he put his hand on the body of his father, he felt some wet substance on his hand which happened to be the blood of his father. He found that his fathers face was smeared with blood and that he was dead. He got unnerved and immediately returned back to the village. He heard shouts of his daughter Pramila Gade P.W. 4 and Chandrakant P.W. 5 coming from his Padal. They were shouting "Tyata Tyata". His father Baburao was called by that name. Thereafter, the informant ran to the house of P.W. 8 Baban Gade, the Sarpanch and at about 11.00 p.m. info

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