1. - The accused-appellant Babuda was convicted by the learned Sessions Judge, Jalore for the offences under sections 302, 307, 380 and 460, I.P.C. by this judgment dated June 30, 1981. He was sentenced to death under section 302, I.P.C. under section 307, I.P.C. he was sentenced to 10 years' rigorous imprisonment and to a fine of Rs. 2000/- in default of payment of fine to undergo 3 years rigorous imprisonment, under section 380, I.P.C., he was sentenced to 5 years rigorous imprisonment and to a fine of Rs. 1000/-, in default of payment of fine to undergo 2 year rigorous imprisonment and under section 460, I.P.C. he was sentenced to 10 years rigorous imprisonment and to a fine of Rs, 2000/-, in default of payment of fine to undergo 3 years rigorous imprisonment. The sentences other than death were ordered to run concurrently. He made a reference to this Court for confirmation of sentence of death and the accused-appellant has also preferred an appeal against his convictions and sentences through jail.

2. The prosecution case, in brief, is that on the night intervening 13th and 14 July, 1980, the deceased Manshaji and his wife Smt. Gangadevi P.W. 2 were sleeping in the chow