JUDGMENT :

SUDHANSHU DHULIA, J.

1. These two cases, i.e. Criminal Appeal (J) No. 37/2019 and the Death Reference No. 1/2019 have arisen out of the Sessions Trial No. 86(N)/2017.

The two cases were heard together on virtual mode.

Heard Mr. A.M. Bora, learned Amicus Curiae for the appellant. Also heard Mr. M. Phukan learned Additional Public Prosecutor, Assam. We first decide the Criminal Appeal No. 37 of 2019.This is an appeal filed by the appellant/accused, namely, Krishna Rajgaur @ Sagar, who has been convicted under Sections 302/363/201 IPC and inter-alia has been awarded the death sentence under Section 302 IPC by the learned Additional District and Sessions Judge, Fast Tract Court, Hojai at Sankardev Nagar vide judgment dated 22.01.2018 passed in Sessions Case No. 86(N)/2017.

2. Facts of the case are as follows:

On 06.02.2017, the father of the deceased/victim lodged an FIR before the Lumding Police Station, District-Hojai, which was registered as Lumding Police Station Case No. 23/2017. As per the informant, his seven years old daughter was kidnapped at about 5:00 PM the last day, i.e. on 05.02.2017, by the accused Krishna Rajgaur @ Sagar, who was working in his house. The accused h