Shah, J. - The accused Dada Nandram Korde was found guilty of the offence under Section 302 of the Indian Penal Code for committing the murders of his wife Rukminibai and his child Suresh aged 1½ years by the Addl. Sessions Judge, Satara. The learned judge also sentenced the accused to death subject to confirmation by the High Court. The accused has challenged his conviction by filing the present appeal. Thus, both the reference for confirmation of death sentence and the appeal of the accused for quashing the conviction are before us.

2. The facts which have led to the prosecution are these. The accused is the eldest son of the complainant Pandaram Rama Korde (P.W. 3). Nandaram has five sons and three daughters. The sons are Dada, Dhananjay, Rustum. Ashok and Aba who is the youngest son. The daughters are Sinabai, Rangubai and Ranjana. Sinabai has taken sanyas and left the paternal home and is residing at the Landage Buva Maharaj Math premises in Phaltan. The second daughter Rangubai is married to one Babu Shinde of Phaltan and Ranjana is married in a family in Pune. Nandaram, his wife and sons are residing in a farm-house in the land Survey No. 410/2 within the limits of vi