PRAKASH D. NAIK, J.

1. This confirmation case is on the basis of death confirmation reference made by Additional Sessions Judge, City Civil and Sessions Court, Greater Mumbai, vide judgment and order dated 8th September 2016 passed in Sessions Case No.311 of 2014. The reference is made under subsection (1) of Section 366 of Code of Criminal Procedure, 1973.

2. The accused has also preferred an appeal challenging the order of conviction and sentence. The appellant-accused has been convicted for the offence punishable under Section 302 of Indian Penal Code (`IPC') and sentenced to death and be hanged by the neck till he is dead, subject to confirmation by Bombay High Court. The accused is also convicted for the offence punishable under Section 326B of IPC and sentenced to suffer rigorous imprisonment for five years and to pay fine of Rs.5,000/, in default to suffer rigorous imprisonment for six months. The accused is acquitted for the offence punishable under Section 326A of IPC.

3. The prosecution case is as follows :

(a) The victim Preeti Amarsingh Rathi hailing from Narela, at Delhi, was selected as Nursing Officer in Military Nursing Services held through short service comm