1. Appellant Tejaram was tried for the offence under Section 302 IPC by the Sessions Judge. Sirohi. By the judgment dated 20th April, 1985. he was held guilty for that offence and death sentence was passed. The learned Sessions Judge submitted the proceedings to this Court under Section 366 Cr. PC for confirmation of the death sentence. Appellant Tejaram felt aggrieved by the judgment of conviction and preferred appeal in this Court. As the death reference and the appeal filed by Tejaram arise out of the same judgment, we propose to dispose both of them by a common judgment.

2. Succinctly narrated the facts of the case giving rise to the trial of the appellant, his conviction and sentence and the reference by the learned Sessions Judge and the appeal by Tejaram are as under ;

3. On 8-6-1983 at about 8.30 A.M. Nathmal (PW 9) Sarpanch Panchayat Varada lodged report at police station Barloot before SHO Jafar Ali PW 16 to the effect that Teja Ram armed with 'Pharsi' (axe) was furiously roaming at Bus Stand Varada and there was apprehension of breach of peace for the reason that he was shouting that he had already finished two & would finish two or four more. SHO Jafar Ali starte