( 1 ) THE sole accused -appellant has filed this appeal against the judg ment and order dated 1-2-1992 passed by the IInd Addl. Sessions Judge, Etawah, in sessions Trial No. 270 of 1990, convicting the appellant under Section 302/34 I. P. C. and sentencing him to death. The learned IInd Addl. Sessions Judge, Etawah has made reference under Section 366 Cr. P. C. for confirmation of the death sentence, which has been numbered as Reference No. 2 of 1992.

( 2 ) THE accused-appellant took his trial on the allegation that Smt. Uma Devi was subjected to cruelty and harassment by the accused and his other family members in connection with the demand of dowry and that on 8-2-1990 at 7. 30 p. m. the accused in his house situated in village Naudhana, police station Bakewar, District Etawah in furtherence of his common intention with his brother and wife sprinkled kerosene oil over Smt. Uma Devi and set her on fire causing her death on account of burn injuries in District Hospital, Etawah on 7-3-1990, at 4. 30 p. m.

( 3 ) THE facts of the case as disclosed in the first information report and the prosecution evidence are that Smt. Uma Devi was married to Swami Shanker, son of M