I.A. Ansari, J.

1. The present death reference and criminal appeal have arisen out of the judgment and order of conviction and sentence, dated 07.11.2005 and 10.11.2005, respectively, passed by learned Addl. Sessions Judge (Court No. 2), West Tripura, Agartala, in Sessions Trial Case No. 169(WT/A) 1998, whereby the accused-appellant, Ashok Debbarma alias Achak Debbarma, and accused Gandhi Debbarma (since absconder) have been convicted of offences punishable under Sections 326, 436, 302 read with Section 34 IPC and Section 27(3) of Arms Act, 1959, read with Section 34 IPC and the present accused-appellant stands, inter alia, sentenced to death. The reference for confirmation of sentence of death has been made under Section 366(1) of Cr.P.C. and the appeal has been preferred by the accused against the judgment and order of conviction and sentence under Section 374 of Cr.P.C.

2. Human beings were at their worst-this is what this appeal discloses. The present case may, rather, be viewed as a reminder to the mankind of the bitter truth, that human instincts can be even worse than that of beasts, for, beasts, unlike human beings, do not attack or kill mindlessly except in their self-defence or unless provoked to do so. History reveals that human beings 3/4 the only civilized species on the earth 3/4 are found to be contrary to their material achievements at their worst particularly when they behave as perpetrators of crimes, and the irony is that it is none but the human beings, who are the worst sufferers of their own blunder.

3. The case of the prosecution, as unfolded at the trial, may, in brief, be described as follows:

As many as 15 people, including children, teenagers and women, all belonging to a particular linguistic community, were killed brutally on one night, in a village called, Jarulbachai village, under Takarjala Police Station, in the State of Tripura. As many as 23 houses of the villagers were set on fire, which were completed gutted. Not less than 6 people sustained major injuries caused by bullets and narrowly escaped death. The belongings, which were inside the houses of the sufferers, could not be saved and were completely damaged and/or gutted in the fire. Such were the dastardly acts of the perpetrators of the genocide, which was committed on 11.02.1997 at about 11-00 p.m. When, after having taken their meals, the inhabitants of the Jarulbachai village, who were poor and illiterate, had fallen asleep, they were, suddenly, awakened, by the sound of cries and firing of bullets, to discover their houses ablaze and bullets being fired from sophisticated firearms. The whole village was engulfed in fire and the villagers were in panic. Many of them could not escape the shower of bullets and either died or grievously injured. Mother helplessly watched her child burnt alive in the fire, which had gutted her house, but could do nothing to save her beloved one. Husbands found their wives lying on the ground, ridden with bullets and screaming to death, but they were not able to even provide the least aid. Wives became widows in a flash of moment. Parents helplessly watched their children lying on the ground with bullet injuries, bleeding and crying in pain, and, ultimately, dying. On the very night of the occurrence, i.e., on 11.02.1997, at about 11-00 p.m., information was received, at Takarjala Police Station, West Tripura, from Jarulbachai D AR camp, that extremists had set on fire a number of houses at village Jarulbachai and that people had been shot dead and injured grievously. The information, so received, was entered into General Diary, at the Takarjala Police Station, in the form of Entry No. 292, dated 11.02.1997. The Officer-in-Charge (PW18), Takarjala Police Station, visited the DAR camp, cordoned off the area, and conducted search. Most of the houses of the village were found gutted by fire. On the very night of the occurrence, as many as 13 dead bodies were found lying at various places and three person