B.R. GAVAI, J.

1. Since the learned Additional Sessions Judge, Chandrapur vide his Judgment and Order dated 3.12.2015 passed in Sessions Case No. 81 of 2014 has awarded death sentence to the appellant/accused herein and directed him to be hanged by neck till death, present reference has been made to this Court. The Criminal Appeal has been filed by the appellant being aggrieved by the Judgment and Order of sentence as recorded by the learned trial Judge thereby holding him guilty for the offences punishable under Sections 302 and 201 of the Indian Penal Code and sentencing him to death and to suffer rigorous imprisonment for three years respectively and to pay a fine of Rs. 1000/- in default, to suffer simple imprisonment for three months respectively.

2. The prosecution case, in nutshell, as could be gathered from the material placed on record, is thus:-

The accused is husband of deceased Shamshad. Deceased Isana was daughter of deceased Shamshad and the appellant. Deceased Harunisa was mother of deceased Shamshad. It is the prosecution case that the matrimonial relations between deceased Shamshad and the appellant were not cordial. It is further the prosecution case that the appellant wanted the house, in which they were residing and which belonged to Shamshad, to be transferred by Shamshad in his name. It is the prosecution case that, on account of dispute between deceased Shamshad and the appellant, the appellant left the house 2 to 3 years prior to the date of incident and that, after the appellant left the house, Shamshad married one Rafiur Raheman, who was much younger to her in age. It is further the prosecution case that Shamshad had married Rafiur Raheman without divorcing the appellant. It is also the prosecution case that, even thereafter, the appellant used to visit the house demanding Shamshad to transfer half share in the house in his name.

3. The further prosecution case is that, on the day of incident i.e. on 2.4.2014, between 8.00 to 8.30 p.m. the accused came at the house of deceased Shamshad and picked up a quarrel on some grounds and thereafter, by means of knife, assaulted Shamshad, Isana as well as Harunisa. The neighbourers heard the hue and cry from the house of deceased Shamshad and thereafter, some of the neighbourers including Tawangarkhan Gulzarkhan (PW5) and the second husband of deceased Shamshad namely Rafiur Raheman carried all the three injured persons to the Civil Hospital, Chandrapur, where Shamshad and Isana were declared dead by the doctor and Harunisa was alive. Harunisa was transferred to the Intensive Care Unit in the hospital. Asil Ali (PW1), son of deceased Shamshad and the appellant, was informed by the neighbourers on telephone. He immediately came to their house, but it was reported to him that all the injured were shifted to the Civil Hospital, Chandrapur. When he went inside the house, he found the house flooded with blood. He then went to the hospital, where he came to know that his mother and sister had died and his grandmother was seriously injured. It is further prosecution case that, on inquiry by Asin Ali with injured Harunisa in the I.C.U. she told him that the accused had come to their house and had picked up a quarrel with Shamshad and thereafter, assaulted her by means of Khanjar. Accordingly, Asin Ali (PW1) lodged oral report with the Police Station, Ramnagar, Chandrapur below Exh.10. On the basis of oral report, printed F.I.R. came to be registered vide Crime No. 104 of 2014 below Exh.11.

4. On the basis of said F.I.R., P.I. Shivaji Vishwanath Bachate (PW10) carried on investigation. He immediately visited the spot, prepared spot panchanama, seized various incriminating articles from the spot. The dead bodies of Shamshad and Isana were referred for post mortem. He recorded dying declaration of injured Harunisa below Exh.69. He also sent requisition to the Executive Magistrate for recording the dying declaration of deceased Harunisa. Accordingly, the dying de