Debi Prosad Dey, J.

This death reference being number 05 of 2013 arises out of the judgment and order of conviction dated 23rd August, 2013 and 26th August 2013 respectively passed by learned Additional District and Sessions Judge, Bolpur, Birbhum in sessions trial number 02(July)/2012 corresponding to sessions case number 70 of 2012 whereby and whereunder learned Trial Court has sentenced the appellant to death for the offence under Section 302 of Indian Penal Code and has also sentenced the appellant for the offence under Sections 363, 376(2)(f) and 201 IPC.

Pursuant to the reference made by learned Trial Judge under Section 366 Cr.P.C, the case has been placed before us for confirmation of such sentence of death. The appellant has also preferred an appeal, against such judgment and order of conviction, which has been registered as criminal appeal number 857 of 2013.

The death reference being number 05 of 2013 and criminal appeal number 857 of 2013 arise out of the selfsame judgment and order of conviction of learned Trial Judge and as such we have decided to dispose of the aforesaid matters by a common judgment.

It would not be out of place to mention in brief the facts of