H.C. MISHRA, J.

1. Heard learned counsel for the convict Kashi Nath Singh @ Kallu Singh, facing the death sentence, and learned counsel for the State, in the death reference, as also the appeal filed by the convict.

2. This death reference and the connected Criminal Appeal arise out of the impugned Judgment of conviction dated 30th September, 2013 and Order of sentence dated 08.10.2013, passed by the learned Additional Sessions Judge-VI-cum-Special F.T.C., Dhanbad, in S.T. Case No.237 of 2008, whereby, the sole accused has been found guilty and convicted for the offences under Sections 376 and 302 of the Indian Penal Code. Upon the hearing on the point of sentence, the appellant has been awarded the capital punishment of death for the offence under Section 302 of the Indian Penal Code with fine of Rs.20,000/-, directing him to be hanged by the neck, till he is dead. He is further sentenced to undergo R.I. for ten years with fine of Rs.50,000/-for the offence under Section 376 of the Indian Penal Code, and it was directed that in case the fine is realised, the same be paid to the family of the deceased girl. As the accused is sentenced to death, the reference has been made t