PRASUN KUMAR DEB, J.

1. The above-mentioned death reference arises out of the judgment of conviction and sentence of capital punishment awarded by the 1st Additional Sessions Judge, Jamshedpur, in Sessions Trial No. 340/141 of 1998-98. Against the same judgment of conviction and sentence, the above-mentioned criminal appeal has been preferred by the convict appellant-Manik Mukherjee, a local Lawyer of Jamshedpur. The convict Manik Mukherjee stood trial for the charge under S. 302 of the Indian Penal Code along with the co-accused-Ashwani Kumar Panda being charged under S. 115 read with S. 302 of the Indian Penal Code. On trial Manik Mukherjee was found guilty of the charge under S. 302 of the Indian Penal Code for intentionally committing the murder of his wife Swapna Mukherjee, son Jyotirmoy Mukherjee and daughter Indrani Mukherjee alias Rinku and considering the dreadedness and gruesome murder, capital punishment has been awarded as sentence to convict Manik Mukherjee, but the co-accused-Ashwani Kumar Panda was acquitted on benefit of doubt as the charge of abetment against him could not be proved by any cogent and reliable evidence.

2. The prosecution case in brief is th