JUDGMENT

C. R. PAL, J. — The appeal preferred against the judgment dated 28.10.1999 passed by the learned Sessions Judge, Sundargarh in Sessions Trial No. 170 of 1997 convicting the appellant under Sections 201 and 302, I.P.C. and sentencing him under Section 201, I.P.C. to undergo R.I. for five years and under Section 302, I.P.C. to capital punishment and the reference made by the learned Sessions Judge under Section 366 of the Code of Criminal Procedure, 1973 were heard together and are disposed of by this common judgment.

2. The facts of the case which gave rise to this appeal are as follows :

The appellant and two others, namely, Jabhiar Soreng and Sylvestar Lakra stood charged for the offences under Section 302, 201 read with Section 34, I.P.C. for committing murder of Lajrus Kullu, the brother of the appellant, Katirna Kido alias Kullu, the wife of Lajrus Kullu and Ruben Kullu, the son of Lajrus Kullu sometime in the month of August, 1996. The case against the appellant is that he was not pulling on well with his brother Lajrus Kullu as there was dispute between them relating to landed property. In the month of August, 1996 the co-villagers of the appellant found Lajrus Kullu