THANGAMANI, J.

R.T. No. 4 of 1993 is a reference made by learned Sessions Judge of Dharmapuri District Krishnagiri is S.C. No. 60 of 1992 on his file under section 366 of the Code of Criminal Procedure seeking confirmation of the death sentence passed on A-1 Dhandayutham, while Criminal Appeal No. 611 of 1993 has been preferred by the said A-1 Dhandayutham Challenging his conviction and sentence.

2. A-1 Dhandayutham and A-2 Mani stood charged in the trial Court as indicated below on the allegations that on 27-9-1988 at 9.00 a.m. in the field of Velavallikadu, on account of prior enmity, at the instigation of A-2 Mani, A-1 Dhandayutham attempted to commit the murder of D.W. 2 Raji alias Raji Gounder and his wife P.W. 1 Nandhavanam, that at the same time and place and in the course of the same transaction he caused grievous hurt to P.W. 3 Pandurangan and that he trespassed into the house of P.Ws. 1 and 2 and committed the murder of Lakshmi, the first wife of P.W. 2 Raji and Perumal, the one year old child of P.Ws. 1 and 2.

3. The prosecution examined 19 witnesses, filed 33 documents and marked 32 material objects. They disclose these facts :- P.W. 2 Raji alias Raji Gounder