JUDGMENT :

R. S. JHA, J.

1. This Criminal Reference No. 2/2015 is before this Court against the death penalty dated 7-5-2015 imposed by the District and Sessions Judge, Anuppur in Sessions Trial No. 72/2010 by recording a finding of guilt against the appellant for offences punishable under sections 302 and 201 of the Indian Penal Code (hereinafter referred to as 'the IPC').

2. Criminal Appeal No. 1292/2015 has been filed by the appellant being aggrieved by the aforesaid judgment. As both the cases are against the same judgment and involve common issues, they are heard and decided concomitantly.

3. The appellant has been found guilty of offences punishable under sections 302 and 201, Indian Penal Code, for committing the murder of his wife Sundariya Bai and has been sentenced to death.

4. The prosecution case, in brief, is that the appellant was having a very strained relationship with his wife deceased Sundariya Bai on account of the fact that she had gone and deposited her gold and silver ornaments with her sister Jaimatiya Bai, (PW-8), and on that account the appellant used to frequently fight with her and beat her. On 1-2-2010 at around 2.00 P.M the appellant went to the house of Kam