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 sel