Ashim Kumar Roy, J.

1. In a Sessions trial held before the learned Additional Sessions Judge, Diamond Harbour, 24 Parganas (South) the appellant Sagar Das @ Gadai was convicted under Sections 302/376/201 of the Indian Penal Code. The Trial Court for his conviction under Section 302 of the Indian Penal Code passed a sentence of death. Simultaneously, he was also sentenced to suffer rigorous imprisonment for 10 years and rigorous imprisonment for 2 years and fine with default clause for his conviction under Sections 376/201 of the Indian Penal Code. Since the Death Reference for confirmation of sentence of death and the criminal appeal in which the appellant challenged his conviction and sentence are arising out of selfsame judgment and order, both are taken up for hearing together.

2. Going through the materials on record we find the prosecution case goes like this; May 8, 2011 was the day of immersion of goddess Kali, worshiped at the house of the de facto complainant Prohlad Sardar (PW/1). On the occasion of the said Kali Puja the appellant Sagar Das @ Gadai, who happened to be the son-in- law of the elder brother of the de facto complainant and their other relations h