B.P.Singh, J.

1. This appeal has been preferred by the sole appellant-Raj Kumar Choudhary who has been found guilty of the offences under Secs. 364, 302 and 201 of the Indian Penal Code by the 2nd Addl. Sessions Judge, Gopalganj, in S.T. No. 348 of 1997. The learned Addl. Sessions Judge while sentencing the appellant to death under Sec. 302 of the Indian Penal Code has not passed separate sentences for the offences under Secs. 364 and 201 of the Indian Penal Code. The judgment and order of the Addl. Sessions Judge, Gopalganj, dated 24-7-98/ 27-7-98 has been impugned in the appeal. We have also before us death Reference No. 7 of 1998 which has been made by the trial Court for the confirmation of the Death Sentence imposed upon the appellant.

2. The occurrence giving rise to the instant appeal is said to have occurred at about 12 in the night of 18th May, 1997 in which, according to the prosecution, the appellant snatched away the minor child of the informant while she was sleeping outside her house and later killed the child. Though the appellant was chased by the villagers, he made good his escape, and on the following morning when confronted by the villagers, while promisi