JUDGMENT :

N.ANIL KUMAR, J.

Death Sentence Reference No.1/2016 and Crl.Appeal No.145/2016 arise from the judgment and order in S.C. No.92/2012 dated 14th October, 2015 rendered by the Additional Sessions Judge-V, Ernakulam, convicting the accused under Sections 302, 307 and 436 of the Indian Penal Code (hereinafter referred to as the 'IPC') and awarding the sentence of death by hanging. Since the execution of death penalty is subject to the confirmation of this Court under Section 366 of Cr.P.C., the State has sought confirmation of the death sentence in DSR.No.1/2016. The appellant/accused has filed the instant appeal challenging his conviction under Sections 302, 307 and 436 of IPC. As the accused had been sentenced to death by hanging, for the offence punishable under Section 302 of IPC, the learned Sessions Judge was of the view that in view of Section 71 of IPC, no separate sentence was to be awarded for the offences under Sections 307 and 436 of IPC. Though the accused is the appellant in this appeal, for the sake of convenience, hereinafter, he is referred to as 'the accused'. The Death Sentence Reference and the appeal have been heard together and are being disposed of by way