(1.) Criminal Death Reference No.2 of 2003 and Criminal Appeal No.5 (J) of 2003 have arisen out of the judgment and order, dated 5.5.2003, passed by the learned Sessions Judge, Morigaon, in Sessions Case No.47 (A) of 1999 whereby the accused Holiram Bordoloi was convicted under sections 302/148/436/326 read with section 149 IPC and sentenced to death.
(2.) The Reference has been made under section 366 CrPC and the accused- appellant has filed the appeal from jail. Both the matters are heard analogously and disposed of by this common judgment and order.
(3.) Learned Public Prosecutor was absent, when the matters were called for hearing.