(A.S. Gadkari, J.)

1. Confirmation Case No.7 of 2013 arises out of the reference made by the Learned Additional Sessions Judge – 4, Solapur in Sessions Case No.145 of 2013 for confirmation of the death sentence awarded to the accused Sunil Vishnu Ombase. By its judgment and order dated 16th August 2013 passed in Sessions Case No.145 of 2013, the learned Additional Sessions Judge-4, Solapur convicted the accused for the offence punishable under Section 302 of the Indian Penal Code and sentenced him to capital punishment of death. He is further sentenced to pay a fine of Rs.500/- as per Section 235(2) of the Code of Criminal Procedure. By the same judgment and order, the learned Additional Sessions Judge-4, Solapur is further pleased to convict the accused for the offence punishable under Section 307 of the Indian Penal Code and sentenced him to suffer rigorous imprisonment of ten years and to pay a fine of Rs.500/-, in default of payment of fine, to undergo rigorous imprisonment for six months. As far as charge under Sections 504 and 506 is concerned, the learned Trial Court was pleased to acquit the accused from the said charges. As the sentence of death penalty is imposed on the accused, the Learned Additional Sessions Judge-4, Solapur made a reference as contemplated under Section 366 of the Code of Criminal Procedure to this Court for confirmation of death sentence. The accused being aggrieved by the very same judgment and order dated 16th August 2013 has preferred Criminal Appeal No.168 of 2014. As both the Confirmation Case and the Appeal against confirmation are directed against the very same judgment and order dated 16th August 2013, both these matters were heard and are decided together. (The Appellant Sunil Vishnu Ombase will be referred to as the accused hereinafter for the sake of brevity).

2. The prosecution case as has been enumerated from the record can briefly be stated as under:

(i) P.W. 4 the victim Sanjivani Sunil Ombase, the wife of the accused lodged a First Information Report when she was in hospital, with the Karmala Police Station, District Solapur on 1st January, 2013. In her First Information Report to the police she has stated that the incident in question occurred on 31st December, 2012 at about 1.00 a.m. in the midnight (i.e. in the intervening night of 31st December, 2012 and 1st January, 2013). On the said day, her husband had returned from Mumbai at about 8 to 8.30 p.m. with snacks (junk food). He enquired with her as to whether she had cooked the food, on which P.W.4 – Sanjivani Ombase requested him to get fresh and she would prepare the food. P.W.4 – Sanjivani served the food, however, the accused did not dine. The accused removed the photographs hanged on the wall, packed his bags with the photos and clothings and the identity card of his work place. The accused thereafter asked her as to whether she would live with him properly or whether she prefers the accused or the son, to which P.W.4 – Sanjivani responded that she wanted both the husband and the son. She thereafter went to bed (cot) along with her son Swapnil and her sister Pallavi. The accused thereafter asked her to wake up and further asked her to give him water. The accused removed knife from his waist and thrusted the knife into the stomach of P.W.4 – Sanjivani. He thereafter gave one more stab blow on her right thigh. P.W.4 – Sanjivani sustained injuries. The son of P.W.4 – Sanjivani and the accused namely Swapnil was about to wake up. At that time the accused inflicted blows of knife into his stomach. He thereafter pierced the knife in the chest of Pallavi, the sister of P.W.4 – Sanjivani when Pallavi was fast asleep. That accused ran away from the spot. She has further stated that P.W.1 – Santosh Ombase and P.W.2 – Harishchandra Garje came on the spot. They enquired with her about the injuries and removed P.W.4 – Sanjivani, her son and her sister to the Cottage Hospital, Karmala from the vehicle of Lala Denge. They were adm