M. PAPANNA, J.

( 1 ) THIS is a death reference under S. 366 of the Code of Criminal Procedure made by the learned Additional Sessions Judge, Koraput (Jeypore), who on conclusion of trial in Sessions Case No. 8 of 1999 convicted the accused under Ss. 302/392 of the Indian Penal Code and imposed on him an extreme penalty of death and sought for confirmation of the death sentence against him. The accused challenged the impugned conviction and sentence by preferring an appeal from jail. The death reference as well as the Jail Criminal Appeal having given rise to common questions of fact and law, were heard analogously and are being disposed of by this common judgment.

( 2 ) PROSECUTION case is that Anirudha Sahu, a peon of Sales Tax Department along with his wife and daughter, was residing in Flat No. DCF-F/79 in the Irrigation Colony at Jeypore at the material time. The accused is of village Niranguda. He happens to be the agnetic nephew of the deceased-Anirudha. He was carrying on turmeric and mustard business. He had visiting terms to the house of the deceased. It is alleged that he had gone to the house of the deceased and stayed there during night of 3/4-6-1998. During the said