Prafulla C. Pant, J.

This reference has been made under Section 366 of Code of Criminal Procedure, 1973 (herein-after referred as Cr.P.C.) by the learned Sessions Judge, Udham Singh Nagar, for confirmation of death sentence, awarded against the convict Vijay Kumar Bathla under Section 302 of Indian Penal Code, 1860, (herein after referred as I.P.C.). The convict has also preferred an appeal under Section 374 (2) of Cr.P.C. against the judgment dated 05-10-2005 and order of sentence dated 06-10-2005, passed in Sessions Trial No. 271 of 2004 by learned Sessions Judge, Udham Singh Nagar, whereby he has been convicted under Section 302 of I.P.C. and sentenced to death. Both, the reference and the appeal are being disposed of by this common judgment.

2. We heard learned counsel for convict/appellant and learned Public Prosecutor, and perused the entire record.

3. Prosecution story in brief is that about seven years before 'the date of the incident, convict/appellant Vijay Kumar Bathla got married to Rekha alias Sapna (one of the deceased). He was extravagant and used to take alcohol. He used to demand money from his wife and her relatives. The couple had a daughter named Shakshi