ORDER S. C. SHARMA, J. – The Criminal Appeal No. 4368/2019 has been filed by the appellant being aggrieved by judgment of conviction dated 29-11-2018 passed in Sessions Trial No. 179/2018 convicting the appellant-Kanhaiyalal under section 302 of the Indian Penal Code, 1860 (on three counts) along with fine of Rs. 500/- and in default of payment of fine to further undergo three months rigorous imprisonment and the Criminal Reference No. 17/2018 has been made by the learned Sessions Judge, Mandsaur again arising out of the same judgment dated 29-11-2018 by which for offence under section 302, a death penalty (to be hanged till death) has been awarded.

2. The prosecution case in short is that the marriage of Kanhaiyalal took place about 15-17 years prior to the date of incident and his wife gave birth to two daughters. He was residing with his wife namely Guddi and two daughters namely Sapna and Vishnu at Village Daudkhedi. Kanhaiyalal s/o Laxminarayan Meena was a Village Kotwar.

3. Gopal Meena (PW-1), who is cousin brother of the appellant Kanhaiyalal, on 16-6-2018 at about 07-07:30 A.M. was informed by the appellant Kanhaiyalal that he has killed his wife Guddi and daughters Sapna a