P.D. Kode, J.

1. The Confirmation Case No.1 of 2011 arise out of reference made under section 366 of the Code of Criminal Procedure (hereinafter referred as "Code" for the sake of brevity) by learned Additional Sessions Judge, Kolhapur for confirmation of sentence of death awarded to sole accused in Sessions Case No.141 of 2008 by the judgment and order dated 18th March, 2011. The said accused in his turn has preferred abovestated Criminal Appeal No. 481 of 2012 challenging the said judgment and order of his conviction and such a sentence imposed upon him.

2. By the said judgment and order learned Additional Sessions Judge has convicted sole accused at the said Sessions Trial for commission of offence:-

“(i) punishable under section 302 of Indian Penal Code and sentenced him to a death for committing murder of his wife Smt.Ashwini and further ordered him to pay a fine of Rs.200/- and in default to suffer R.I. for two months;

(ii) punishable under section 307 of Indian Penal Code for attempting to commit murder of his son - Kedar and sentenced him to suffer rigorous imprisonment for three years and to pay a fine of Rs.1,000/- and in default to suffer R.I. for one mont