P.N.S. Chouhan, J.--1. This Judgment shall dispose of Cr.A.No.431/95 (Budhram v. State) as well.

2. Additional Sessions Judge, Sakti of Bilaspur Sessions Division, vide judgment, 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 u/s. 302 I.P.C. and sentenced him to death. Cr. Ref. No. 3/95 is reference u/s. 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 Raghuvar, her father-in-law. She was also cultivating the lands recorded in the name of Raghuvar. In or about 1990-91 Kankuram returned hack to the villager Basti Baradwar alongwith his second wife Ravibai and children begotten by her, namely, Shankarlal, Chatua, nankua, Juguntabai and Muliyabai. On his return Kankuram took possession of large part of the house in which Heerabai and Budhram were living. Kankuram also took in posession live stock and also agricultural land and started treating Heerabai with cruelty. He created a situation in which Budhram was forced to leave the house. In or about September, 1993Budhram was blessed with a daughter, but soon thereafter she died. In the course of funeral functions Kankuram, Ravibai and their children did not participate. All this bred in Budhram the animal's urge of retribution. The allegation is that in the night intervening 25th & 26th of November, 1993, Budhram committed the murder of his father Kankuram, step mother Ravibai and all their five children aforementioned. On 26.11.93, after day break, Budhram changed his clothes and set out for the police station. On the way he met village Kotwar Patel Das and confessed to him that he had committed the murder of his father, step mother, step brother and step sisters. Patel Das then took Budhram to the Police Station Basti Baradwar and lodged the first information report, Ex. P. 17. Exs.P-18, P-19, P-20, P-21, P-22, P-23 and P-24 are the Marg intimation recorded in the police station relating to the aforesaid murders. Crime was registered and investigation taken up. Exs. P. 26 to P-32 are the inquest proceedings held on the seven dead bodies. All these dead bodies were sent for post-mortem examination to the doctor alongwith requisitions, Exs. P.52 to P. 58. Dr. J. Singh (P.W. 9) performed autopsy on the dead bodies of Ravibai, Nankua, Shankarlal and Muliyabai. His reports are Ex. P-8 to P-11 respectively. Dr. J.C. Meshram (P.W. 12) conducted autopsy on the dead bodies of Kankuram, Chatua and Ku. Jugunja vide reports Exs. P.40 to P-42 respectively. The doctors confirmed that all these deaths were homicidal caused by sharp edged weapon. In case of Ravibai, Shankarlal and Jugunta the trachea was found severed. During the course of investigation the Gandasa was recovered at the instance of appellant and was seized vide Ex. P .38. When the trial commenced the accused was not defended by a lawyer. Opportunity was afforded to him to engage a lawyer as •he had made a request to the Court in that behalf. Ultimately he engaged a lawyer. During the course of the trial on a number of occasions the accused was not produced before the Court and the trial had to be adjourned. On 31.1.95 the story was repeated and the appellant/accused was not produced before the Court. On that date Bhogilal (P.W. 14), Urmilabai (PW-15), Kamlabai (P.W. 16), Kiranbai (P.W. 17) and Nandram (P.W. 18), Aw