R.P. Awasthy, J. -- 2nd Additional Sessions Judge, Chhindwara, Shri A.K. Patel, has made these joint references pertaining to Sessions Trial No. 46 and 47 of 1995, in which accused Niman Sha was charged with having committed, on or about 6.12.94, murders of Nanjo Bai and Jhini Bai at village Dhalapathar and Karanpiparia, and thereby committing offences punishable under sections 302 and 302, of the IPC. In both of the said Sessions Trials the accused has been held guilty for committing the said offences and the present references have been made under section 366', of the Cr.P.C., for confirming the death sentence recommended to be awarded to the accused appellant. The accused has also filed two appeals against the said judgments, delivered in Sessions Trials referred above, of holding him guilty for committing offences punishable under section 302 and 302, of the IPC, and recommending to sentence him to death. The said references, made under section 366 Cr.P.C., and Criminal Appeals referred above shall be decided simultaneously, by this single judgment.

2. From the documents filed in the trial Court, the prosecution case emerges as below :--

Niman Sha is the eldest son of