Nagendra Rai, J.

1. The sole appellant was put on trial before the Additional Sessions Judge, VI, Gaya, in Sessions Trial No. 427 of 1997/ 45 of 1997 for the offences under Secs. 302 and 307 of the Indian Penal Code (for short IPC) and has been convicted under the aforesaid sections and sentenced to capital" punishment under Sec. 302 and - life imprisonment under Sec. 307 of the IPC.

2. The Additional Sessions Judge made a reference under Sec. 366 of the Code of Criminal Procedure (hereinafter referred to as the Code) for confirmation of death punishment and the appellant has filled an appeal against his conviction and sentence and both of them have been heard together and are being disposed of by this common judgment. The convict accused shall be referred to hereinafter as appellant.

3. The prosecution case is that Mahendra Singh (PW 10) is resident of village Ranipur Chowki within Chawk Police Station of district Patna, PW 12 Sona Devi is his wife. Five daughters, including deceased Saroj Devi and two sons, namely, PW11 Sudhir Kumar Singh and P.S. 13 Randhir Kumar Singh were born from their wedlock. Deceased Saroj Devi was first married to Krishna Singh of village Ranipur