JUDGMENT

B.P. Singh, J. - This appeal by special leave has been preferred by the State of Rajasthan against the common judgment and order of the High Court of Judicature for Rajasthan at Jodhpur in D.B. Criminal Appeal No.622 of 1999, D.B. Jail Appeal No.619 of 1999 and D.B. Criminal Murder Reference No.2 of 1999 whereby the High Court by its impugned judgment and order dated December 21, 1999 allowed the appeals preferred by the respondent and declined the murder reference made by the learned Additional Sessions Judge for confirmation of the sentence of death. We notice that both the criminal appeals were preferred by the respondent herein, one from jail and the other presented through an advocate. The judgment and order of the Special Additional District and Sessions Judge (Women Atrocities), Sri Ganganagar in Sessions Trial No. 39 of 1998 dated September 29, 1999 sentencing the petitioner to death under Section 302 I.P.C. was set aside.

2. The respondent herein Kashi Ram was married to Kalawati (deceased) about seven years before the occurrence. They were blessed with two children, Suman (deceased) and Guddi (deceased) aged two and half years and two and half months respectivel