1. The present confirmation case is filed by the State for confirmation of the capital punishment awarded by the impugned judgment and order dated 18.10,2007 passed by the learned Jt. District and Addl. Sessions Judge, Bhavnagar, in Sessions Case No. 127/2005 convicting the original accused (appellant in Criminal Appeal No. 44 of 2008) for the alleged offence under S.363, S.376, S.392, S.302 and S.201 of the Indian Penal Code and awarding death sentence to the accused for the offence under S.302 of IPC subject to confirmation by the High Court of Gujarat. The appellant - original accused has also preferred an appeal, being Criminal Appeal No. 44/08, against the impugned judgment and order under S.374 of Criminal Procedure Code challenging the conviction recorded by the learned Addl. Sessions Judge, Bhavnagar, in Sessions Case No. 127/2007 for the alleged offence on the grounds set out in detail in the Memo of Appeal, inter alia, that the learned Judge has failed to appreciate the material and evidence on record and has also failed to appreciate the deposition of the witnesses. It is also contended that the learned Judge has failed to consider that the identification parade of the