C.M. Lodha. J.- l. These are two connected matters arising out of the judgment dated 31-1-1977 by the Sessions Judge, Gwalior in Sessions cases Nos. 157 to 165 whereby the accused Sarveshwar Prasad Sharma has been convicted under section 302 IPC for committing nine murders and sentenced to death. The learned Sessions Judge has made reference to this Court under section 366 Cr. P.C. for confirmation of the death sentence which is registered as Death Reference No.1 of 1977. The accused has also filed appeal from the conviction and sentence. This order will dispose of both.

2. The accused is B.A.M.S. and is a qualified medical practitioner. The prosecution case is that he was a close friend of the deceased Ram Swaroop and used to visit the latter's house very frequently. The houses of the accused as well as the deceased are situated in the same locality called Khallasi Pura or Shinde-ki-Chhawani, Lashkar in the city of Gwalior. The financial position of the accused, it is alleged, was very bad so much so that he was leading a life of utter frustration. The deceased Ram Swaroop was employed as an Upper Division Clerk in the Madhya Pradesh Girls N.C., Battalion at Gwalior, He als