P. N. S. CHAUHAN, J.

( 1 ) THIS judgement shall dispose of Cr. A. No. 431/95 (Budhram v. State) as well.

( 2 ) ADDITIONAL Sessions Judge, Sakti of Bilaspur Sessions Division, vide judgement, dated 10-3-1995, passed in S. T. No. 41/94 has held Budhram son of Kunkuram Satnami aged 28 years, resident of Basti Baradwar, P. S. Baradwar, District Bilaspur guilty under Section 302 I. P. C. and sentenced him to death. Cr. Ref. No. 3/95 is reference under Section 366 of the Code of Criminal Procedure made by him for confirmation of the aforesaid sentence of death. Cr. A. No. 431/95 is the appeal preferred by the condemned man.

( 3 ) THE prosecution case is that Kunkuram first married Heerabai. She gave birth to a daughter Urmila and a son Budhram (the appellant ). When Budhram was 3 years' old and his sister Urmila 5 years old, Kankuram deserted his wife and children and left towards Allahabad with another woman Ravibai. During the absence of Kankuram his wife Heerabai reared the children and married them. She was living with Budhram in a house constructed on the ancestral lands recorded in the name of Raghuvir, her father-in-law. She was also cultivating the lands recorded in the name of R

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