JUDGMENT

A. K. PARICHHA, J. — The Additional Sessions Judge, Jajpur by judgment dated 17th January, 2005 passed in Sessions Trial No.776/58 of 2001 convicted the appellant under Section 302, IPC, for having committed the murder of deceased Pravat Ghadei and Kasinath Ghadei and awarded capital punishment of death.

On a further finding that the appellant has caused disappearance of evidence of the commission of offence with the intention to screen himself from legal punishment, he also convicted the appellant U/s 201, IPC and sentenced him to undergo R.I. for 4 years and pay a fine of Rs.200/- in default to undergo R.I. for four months. On a reference being made to this Court under Section 366(1), Cr.P.C. by the learned Additional Sessions Judge, Jajpur for confirmation of the sentence of death, DSREF No.1 of 2005 has been registered.

The accused/appellant also challenges to the aforesaid order of conviction and sentence in CRLA No.58 of 2005.

On consent of the parties, both the aforesaid MATTERS were heard together and are disposed of by this common judgment.

2. Convict, Niranjan Jena and one Bira Kishore Ghadei were charge-sheeted in Binjharpur P.S. Case No.172 of 2000 for commis¬s