JUDGEMENT

R. N. Misra, J.:- The Reference is under S.366 (1) of the Cr.P.C. 1973, for confirmation of the sentence of death imposed on Gouranga Sahu by the learned Sessions Judge of Dhenkanal for the offence punishable under S.302, I.P.C. Criminal Appeal No.47 of 1977 is by the said Gouranga against his conviction and sentence while Criminal Appeal No.48 of 1977 is by the co-accused Prahallad Sahu alias Choudhary against his conviction under S.302/109, I.P.C. and sentence of rigorous imprisonment for life All the three matters have been heard together and are being disposed of by this common judgment.

2. Briefly stated, the prosecution case is : The deceased Kartik Chandra Mohanty was the Sub-Inspector of Police attached to the Bantalo Police Station in the Angul area of the district of Dhenkanal. Appelland Prahallad Choudhury happens to be an influential person of the locality. He had been arrested on more than one occasion by the deceased police officer in execution of warrants in certificate cases and their relationship was strained. Appellant Prahallad was in the habit of making complaints against the deceased to the administrative superiors. He instigated Gouranga, a relation of