P.G. Agarwal, J.

1. The above mentioned Death Reference and the Criminal Appeal have arisen out of the judgment and order, dated 12.11.2001, passed by the Deputy Commissioner,. Pasighat in Sessions Trial Case No. GR 93/ 94 whereby the accused Tadon Tatik was convicted for the offence under Section 302IPC and sentenced to capital punishment of death. The Reference is for confirmation as required under Section 368 Code of Criminal Procedure, read with Regulation 30(i) of the Assam Frontier (Administration of Justice) Regulation, 1945. The appeal has been preferred by the accused Appellant.

2. The incident for which the accused has been tried in the above case, took place way back on 13.7.1994 and this is second round of litigation before us. The accused was earlier tried and vide judgment dated 30.1.1997, the trial Court imposed capital punishment of death and the matter came up before this Court in Criminal Death Reference No. 1/97 and Criminal Appeal No. 96/1997 and 70(J) of 1997 which was disposed of vide judgment and order, dated 24.6.1997. The case was reported in 1997 (III) GLT 594 whereby this Court set aside the conviction and sentence and remanded the matter back for d