JUDGMENT :

Sanjay K. Agrawal, J.

1. The appellant herein namely Dolalal has been awarded with death sentence by the learned Additional Sessions Judge, Saraipali, Distt. Mahasamund in Sessions Trial No.27/2017 vide judgment dated 26-6-2018 after having found him guilty for offence punishable under Section 302 of the IPC on two counts and also sentenced to fine of Rs.500/-, in absence of failure to pay the amount of fine to further undergo rigorous imprisonment for two months. He was sentenced to death by hanging under sub-section (5) of Section 354 of the CrPC. Conviction and sentences imposed upon the appellant are as follows:-

2. The learned Additional Sessions Judge in exercise of power conferred under Section 366 of the CrPC after passing the sentence of death submitted the proceedings to this Court for its confirmation and this is how this death reference is before us for consideration along with the appeal preferred by the accused/appellant herein being Cr.A. No.1083/2018.

3. The prosecution case as unfolded during the course of trial is as under: -

Admitted Facts/Prosecution Case, in brief :-

3.1) Case of the prosecution, in brief, is that in the intervening night of 25th & 26th January, 2017, at Village Kayatpali, Police Station Basna, near the field of Puran Sidar, the appellant murdered his son Shubham, aged about 8 years and daughter Jasmine @ Soniya, aged about 9 years, by spade by decapitating their head from the rest of the body and thereby committed the above-stated offences. It is admitted fact on record that deceased Shubham, aged about 8 years and deceased Jasmine, aged about 9 years were son and daughter of the appellant herein/accused and Geeta (PW-2), who is wife of the appellant herein.

3.2) Further case of the prosecution is that on 26-1-2017 in the morning, Dhaneshwar (PW-1) received information at Village Saraipali that dead bodies of son and daughter of Dolalal – the appellant herein, aged about 8 years and 9 years, respectively, are lying in the field of Puran Sidar at Village Kayatpali, the dead bodies were lying decapitated their head from the rest of body and spade was also lying in the field. At his instance, Dehati Nalishi Ex.P-1 was recorded on 26-1-2017 at 11.50 a.m. and Dehati Morgue Ex.P-2 with regard to Jasmine was recorded at 12 noon at the instance of Dhaneshwar (PW-1) and also Dehati Morgue Ex.P-23 with regard to Shubham was recorded on the same day at 12.20 p.m. by the investigating officer K.K. Bajpai (PW-14). The informant namely Dhaneshwar (PW-1) identified the dead bodies of Shubham and Jasmine as his nephew and niece vide Exs.P-3 & P-4. Shawl of the accused was also recovered vide Ex.P-5. Thereafter, inquest on the dead bodies of the deceased was conducted on 26-1-2017 vide Ex.P-10 (Jasmine) and Ex.P-11 (Shubham). Morgue intimation with regard to Jasmine was recorded on the same day at 6.25 p.m. vide Ex.P-25 and morgue intimation with regard to Shubham was recorded at 7 p.m. vide Ex.P- 26 and subsequently, first information report (FIR) was registered at 5.35 p.m. vide Ex.P-24 by Dauram Sagar (PW-12) against the sole appellant herein for offence under Section 302 of the IPC. Dead bodies were sent for postmortem and Dr. S.R. Sidar (PW-9) conducted postmortem of Shubham vide report Ex.P-20 and postmortem of Jasmine was conducted vide Ex.P-21. According to the postmortem report, Shubham and Jasmine died on account of excessive bleeding and shock. Neck of Shubham and Jasmine were completely cutoff from the rest of the body and crushed injuries were also found on their head and face. Death was homicidal in nature in both the cases.

3.3) Further case of the prosecution is that on the basis of suspicion made by Dhaneshwar (PW-1), further investigation was con