JUDGMENT - VISHNU SAHAI, J.:---Since Confirmation Case No. 2 of 2000 and Criminal Appeal No. 222 of 2000 arise out of the same set of facts and are directed against a common judgment, we are disposing them off by one judgment.

Through his judgment dated 2nd February, 2000 passed in Sessions Case No. 1327 of 1996, the IInd Additional Sessions Judge, Kalyan convicted and sentenced Raju Dadaba Borge in the manner stated hereinafter :---

(i) Under section 302 I.P.C. to death penalty to be hanged by neck till dead (for the murder of his daughter Sangita aged 1½ years) and to pay a fine of Rs. 10,000/- in default to suffer two years R.I. ;

(ii) Under section 307 I.P.C. for attempting to commit the murder of his two daughters Sangeeta and Pooja, to ten years R.I. and pay a fine of Rs. 5000/- on each count, in default to suffer R.I. for two years :

Vimlabai Raghunath Chandane P.W. 1 had four sons and two daughters. Her daughter Baby @ Laxmi was married to Raju Dadaba Borge (hereinafter referred to also as the accused - appellant and the appellant) about ten years prior to the incident. They had three daughters namely Sangeeta P.W. 6 aged 8 years, Pooja aged four years and Soni (deceased

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