1. Condemned prisoner Balram Sharma was tried by the 2nd Additional Sessions Judge, Durg, in S. T. No. 14/2007 for commission of offence under S.302 of the I. P. C. for committing the murders of his wife Shakuntala Sharma, sons Sonu alias Vineet Sharma and Monu alias Sumit Sharma. Learned 2nd Additional Sessions Judge by his judgment dated 7-5-2007 after holding the condemned prisoner guilty for commission of offence under S.302 of the I. P. C. for committing the murders of the above persons, sentenced him to death.

2. Criminal Appeal No. 516 of 2007 has been filed by the condemned prisoner / appellant challenging legality and correctness of conviction and sentence imposed upon him by the 2nd Additional Sessions Judge, Durg vide judgment dated 7-5-2007. On the other hand, learned 2nd Additional Sessions Judge has made Criminal Death Reference No. 1 of 2007 under S.366(1) of the Cr. P. C. to this Court for confirmation of the death sentence imposed by him on the condemned prisoner.

3. This judgment shall dispose of the aforesaid appeal filed by the condemned prisoner and the reference made by learned 2nd Additional Sessions Judge, Durg.

4. The case of the prosecution, in brief, i