JUDGMENT - DESAI RANJANA (Smt.), J.:-The appellant ("the accused" for convenience) was tried in the Court of II Addl. Sessions Judge, Pune at Pune in Sessions Case No. 209 of 2002 for offences punishable under sections 302, 376(2)(f) of the Indian Penal Code ("I.P.C." for short.) By his judgment and order dated 27th June, 2004, the learned II Addl. Sessions Judge found him guilty of the offences punishable under sections 302, 376(2)(f) of the I.P.C. For the offence of murder he has sentenced the accused to death. He has also sentenced him to suffer R.I. for a period of 10 years and to pay a fine of Rs. 3,000/-, in default to suffer one year R.I. in connection with the offence punishable under section 376(2)(f) of the I.P.C.

2. Being aggrieved by the said judgment and order, the accused has preferred Criminal Appeal No. 574 of 2004. As required by section 366 of the Code of Criminal Procedure ("the Code" for short). A reference has been made to this Court for the confirmation of the death sentence, being Confirmation Case No. 1 of 2003. We have heard the reference as well as the confirmation case together. The accused was present in the Court throughout the hearing.

3. The accused is

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