1. This is a reference under S.366 of the Code of Criminal Procedure for confirmation of death sentence as the Additional Sessions Judge, Bilaspur in Sessions Trial No. 60/2011 vide its judgment dated 4-5-2013 has held the accused guilty under S.302 and S.364, IPC and sentenced him to undergo death sentence u/S. 302, IPC and imprisonment for life with fine of Rs. 5,000/- in default of payment of fine to further undergo RI for six months u/S. 364, IPC.

2. This judgment shall also dispose of Criminal Appeal No. 550/2013 preferred by accused / appellant.

3. In the present case there are three deceased namely Vijay Dhiver aged about 8 years, Ajay Dhiver aged about 6 years and Sakshi Dhiver aged about 4 years and all the three deceased are children of complainant Shivlal Dhiver (P.W. 18). As per the prosecution case the accused was working as labourer in the house of Shivlal Dhiver (P.W. 18). It is alleged that as wife of the accused namely Sumrit Bai eloped with younger brother of the complainant namely Shivnath Dhiver, accused Manoj, complainant Shivlal and Rameshwar (P.W. 11) went to Chandigarh in their search but they could not trace them and returned to their village. Further case of