I.A. Ansari, J.

1. By judgment and order, dated 20-12-2005, passed, in Sessions Case No. 2/2000, learned Addl. Sessions Judge (Fast Track Court), Yupia, has convicted the accused, Deepak Panyang, under Sections 302 and 379, IPC and sentenced him, for his conviction, under Section 302, IPC, to undergo rigorous imprisonment for ten years and to suffer, for his conviction, under Section 379, IPC, rigorous imprisonment for two years with fine of Rs. 1,000/- and, in default of payment of fine, to undergo simple imprisonment for a further period of two months, both the sentences having been directed to run concurrently.

2. A reference has accordingly been registered by the High Court in terms of the provisions of Section 30(1) of the Assam Frontier (Administration of Justice) Regulations, 1945. Aggrieved by his conviction and the sentences passed against him, the accused too has preferred an appeal, which has given rise to Criminal Appeal No. 2 (AP)/2006. As both - the reference as well as the appeal - have arisen out of the judgment and order, dated 20-12-2009, aforementioned, we propose to dispose of the reference as well as the appeal by this common judgment and order.

3. The pro