N. V. DABHOLKAR, J.

( 1 ) BOTH these proceedings, i. e. Reference submitted by IInd adhoc Additional Sessions Judge, Ahmednagar, under Section 366 of the Code of Criminal procedure, 1973 for confirmation of death sentence, and the appeal against conviction under Section 374 (2) of the Code of Criminal procedure, by original accused No. 1, arise out of the judgment and order dated 14-2-2005, delivered in Sessions Case No. 34 of 2003. At the conclusion of the said Sessions Trial, appellant-accused No. 1-Goraksha is held guilty for offences punishable under Sections 302 and 201 of Indian Penal Code. He is sentenced to death (to be hanged by neck till he is dead), fine of Rs. 10,000/-, in default, simple imprisonment for one month on account of finding of guilty, so far as charge of murder is concerned. He is also sentenced to suffer rigorous imprisonment for seven years and fine of Rs. 10,000/-, in default simple imprisonment for one month on the second count, i. e. for offence punishable under Section 201 of I. P. C. Accused No. 2 - Mininath (younger brother of present appellant) and accused No. 3 Sunita (wife of present appellant), who were charged together with present appe