JUDGMENT

S. RATNAVEL PANDIAN, J.:— This appeal under special leave is directed against the judgment passed by the High Court of Madhya Pradesh at Jabalpur disposing Criminal Reference No. 1 of 1977 submitted by the learned Sessions Judge, Raipur under Section 366(1) of the Criminal Procedure Code for confirmation of the sentence of death awarded by him in Session Trial No. 5 of 1977 and the Criminal Appeal No. 307 of 1977 preferred by the appellant, Ashok Kumar Chatterjee challenging the correctness and legality of the judgment made by the Trial Court convicting him under Sections 302 and 201 IPC and sentencing him to death and to undergo rigorous imprisonment for 3 years respectively.

2. The facts of the case briefly stated are as follows : -

The deceased Ravindra, who was 19 years of age at the time of occurrence in 1976 was the son of Pritosh Kumar Chatterjee who was employed in Bhatapara as Laboratory Assistant in Government Multi-Purpose Higher Secondary School. He hailed from West Bengal. The appellant, aged about 22 years, is a cousin of Pritosh.

3. Pritosh was living with his wife (PW-2), his only daughter, aged about 15 years namely Supriya @ Bina and the appellant in Bhatapa