Jasti Chelameswar, J.

1. The sole accused in Sessions Case No. 71(K) of 2000 is found guilty of offence under Section 302and 201 IPC and convicted by the learned Sessions Judge, Kamrup, Guwahati by judgment dated 14.11.2006. The learned Sessions Judge thought it fit to award capital punishment to the accused obviously for the offence under Section 302 IPC. It is to be mentioned here that the learned Sessions Judge did not record to have awarded any punishment insofar as the charge under Section 201 IPC is concerned, though the accused is also found guilty of the said offence. For the sake of completion of the narration of facts, it is to be mentioned here that though the accused was also charged and tried under Section 377 IPC, the learned Sessions Judge did not record a finding of guilt.

2. In view of the fact that the learned Sessions Judge chose to award the capital punishment, the matter is placed before this Court for confirmation of the punishment as required under Section 366 Cr PC which is numbered as Criminal Death Reference No.4 of 2006. Aggrieved by the conviction and sentence, the accused also preferred an appeal being Crl. Appeal No. 127(J) of 2006. Both the matt