JUDGEMENT

Patnaik, J.:- Reference has been made under S.366 of Criminal P. C. by the Court of Session, Puri, for confirmation of the sentence of death imposed by it on Kanhu Charan Barik upon his conviction under S.302 of Penal Code. There is also an appeal by Kanhu against the conviction and the sentence passed by the Sessions Judge. Both the reference and the appeal have been heard analogously and are being disposed of by this judgment.

2. A tragedy descended upon the family of Laxmikanta Choudhury on 2-2-1981. Gouri, his wife and mother of Umakanta and Anita, was brutally killed between 11.30 a.m. and 1 p.m. that day.

3. Laxmikanta Choudhury was serving as a Superintending Engineer in the Lift Irrigation Department of the Government and was posted at Bhubaneswar. As no post of orderly attached to residence had been sanctioned, two persons, namely, Satrughna and Kanhucharan Barik, had been spared by the office for rendering service in the residence of Sri Choudhury. Initially, Kanhu was staying outside and performing work in the residence. From Dec. 27, 1980. Kanhu used to stay in the residence of Sri Choudhury. Besides, one Basudeb Rout, borne on the muster roll of the office, had