( 1 ) THE judgment and order of conviction and sentence passed by the learned Addl. Sessions Judge at Nadiad in Sessions Case No. 95 of 1999 dated 25. 8. 99 is the subject matter of challenge in the Criminal Appeal No. 913 of 1999 (through jail) at the instance of appellant Trikambhai alias Tiko Ravjibhai Thakor and in confirmation Case No. 1 of 1999 the confirmation of death sentence under sub-section (1) of S. 366 of Cr. P. P. awarded to the accused appellant, namely, Trikambhai alias Tiko Ravjibhai Thakor is to be considered.

( 2 ) THE appellant was tried for the offences punishable under Sections 363, 376 (2) (F), 451, 302 and 201 of I. P. C. in Sessions Case No. 95 of 1999 before the learned Addl. Sessions Judge at Nadiad. The appellant was found to be guilty for the offences punishable under Sections 302, 376 (2) (f), 363 and 451 of I. P. C. and was convicted accordingly but was acquitted of the offence punishable under S. 201 of I. P. C. After giving the judgment under S. 235 (1) of Cr. P. C. and after hearing the appellant on the question of sentence under S. 235 (2) of Cr. P. C. the trial Court passed the following order:-"order under the provision of Sec. 2