JUDGMENT

Santosh Hegde, J.-This appeal arises out of a judgment of the High Court of Orissa at Cuttack made in Death Reference No. 2 of 2002 and in Jail Criminal Appeal No. 244 of 2000. The reference in question was made by the Additional Sessions Judge Jeypore in Sessions Case No. 8 of 1999 whereby the learned Sessions Judge having found the appellant in this appeal guilty of an offence punishable under Section 302 IPC came to the conclusion that on facts of the case the appellant should be given the maximum sentence of death, hence, referred the case for confirmation of the sentence under Section 366 of the Code of Criminal Procedure to the High Court.

2. The appellant preferred the connected Criminal Appeal No. 244 of 2000 challenging his conviction and sentence awarded by the learned Additional Sessions Judge, Jeypore. Both the matters came to be heard together in the High Court and by the impugned judgment the High Court confirmed the conviction awarded to the appellant as also accepted the reference made by the learned Additional Sessions Judge in regard to awarding death penalty to the appellant.

It is against the above said judgment of the High Court of Orissa at Cuttack, the