Judgment

Santosh Hegde, J.—Learned Principal Sessions Judge, Dakshina Kannada, Mangalore by her judgment dated 4.2.2002 in Sessions Case No. 64 of 1994 found the appellant herein guilty of offences punishable under Sections 302 and 392 read with Section 397 IPC and awarded the extreme penalty of death for an offence under section 302 IPC. She also awarded RI for 7 years and to pay a fine of Rs. 1,000/- for offences punishable under Section 392 read with section 397 IPC. For confirmation of the sentence of death, she referred the matter to the High Court of Karnataka in Criminal (RC) 2 of 2002 while the appellant also preferred an appeal against the judgment and conviction before the same High Court. The High Court by a common judgment dated 28.10.2002 while dismissing the criminal appeal of the appellant accepted the reference and confirmed the death sentence awarded to the appellant by the trial court. It is against the said judgment of the High Court the appellant is in appeal before us.

2. The facts necessary for the disposal of this appeal are that the appellant is the son of the brother of one of the deceased Smt. Appi Sherigarthy. About 3 years prior to the date of the inci