JUDGMENT :

[N. Kotiswar Singh, J.]

1. Heard Mr. Z. Kamar, learned Senior counsel as well as amicuscuriaein Death Sentence Ref. No.1/2018 and Mr. D. Das, learned Additional Public Prosecutor, Assam, appearing for the State. Also heard Mr. P.K. Munir, learned amicus curiae in Crl.A.(J) No.72/2018; Ms. S. Kanungoe, learned amicus curiae in Crl.A.(J) No.71/2018 and Mr. A.K. Bhuyan, learned counsel for the appellant in Crl.A. No.322/2019.

2. Death Sentence Ref. No.1/2018 was heard along with other appeals, Crl.A.(J) 71/2018, Crl.A.(J)72/2018 and Crl.A. 322/2019 which are being disposed of separately and judgments will be announced shortly.

3. Vide judgment dated 24.07.2018 and order on quantum of sentence dated 01.08.2018 passed by the learned Additional District & Sessions Judge, FTC, Hojai, Sankardev Nagar, in Sessions Case No.70(N)/2017, the accused Moinul Haque @ Monu was convicted and awarded death sentence for commission of offences punishable under Section 302/376A of IPC.

4. As far as the death reference is concerned, even by holding that the prosecution case has been fully established beyond reasonable doubt, we will proceed to examine as to whether in the facts and circumstanc