( 1. ) THE judgment delivered in this appeal will dispose of criminal Reference No. 4 of 1985 made by the Third Additional Sessions Judge, Damoh for confirmation of death sentence awarded to the appellant in Sessions Trial No. 64 of 1984 decided on 3rd October, 1985 as well as the Criminal Appeal No. 1170 of 1985 (Khilan vs. State of M. P. ).

( 2. ) IN Criminal Appeal No. 1169 of 1985, the appellant Khilan has challenged his conviction under section 302 of the Indian Penal Code for which he has been awarded death sentence in Sessions Trial No. 64 of 1984 by the Third Additional Sessions Judge, damon. In Criminal Appeal No. 1170/85, the appellant Khilan has challenged his conviction under section 107 of the Indian Penal Code for attempt to murder Jagatsingh, for which he has been sentenced to undergo rigorous imprisonment for a period of 10 years.

( 3. ) THE incident in question in which appellant Khilan is said to have murdered his 3 minor daughters and his wife and attempted to murder Jagatsingh (P. W. 8) relates to the month of April, 1964 after harvesting period was over. The appellants crop after harvesting was also stored by him in his Khaliyan. The harvested crop of R