Judgment

P. JAGANMOHAN REDDY, J.:- The Appellant Balakrushna Swain was convicted of an offence of murder under Section 302 and awarded death sentence by the Additional Sessions Judge, Cuttack, subject to confirmation by the High Court. He was further convicted of an offence under Section 148 and sentenced to four months rigorous imprisonment. Two other accused namely Laxmidhar Swain and Pranakrushna Swain were convicted under Sections 148 and 323 Indian Penal Code and both sentenced in respect of Section 148 Indian Penal Code to four months rigorous imprisonment. Further though both of them were convicted under Section 323 the former was sentenced to a fine of Rs. 50/- while the latter to Rs. 200/- in default to undergo respectively one month and four months rigorous imprisonment. Eight other accused who were tried along with them were acquitted. The Appellant and the other two accused appealed to the High Court which while confirming the conviction awarded life sentence instead of death penalty on the Appellant and maintained the sentences passed on the other two convicted accused. The Appellant has come up before us in Appeal by special leave.

2. The deceased Bhramar Swain had afte