JUDGMENT

Banerjee, J.-On a reference to the High Court by the Principal Judge of the Sessions Court at Bombay for confirmation of an order of death sentence passed against the appellants herein in Sessions Case No. 477 of 1996, the High Court recorded its finding in the affirmative to the order of conviction and sentence passed by the learned Sessions Judge. It is this order of confirmation which is before this Court presently under consideration.

2. Significantly, accused Nos. 4 to 10 are absconding and the matter was dealt with thus against accused Nos. 1, 2 and 3. Since the matter has been argued before this Court in rather great a length, we think it fit and proper to note the charges so framed in extenso at this juncture and before entering on to the arena of merits. The charges read as below:

"Firstly-That you No.1 along with Nos.2 and 3 above named and absconding accused Nos. 4 to 10 above named on the aforesaid date, time and place and prior to it agreed to murder Harish Vallabhdas Bhatia hatched a criminal conspiracy to that effect and in pursuant to the agreement you No. 2 and 3 above named, did commit murder of said Harish Vallabhdas Bhatia by means of pistol and revolver a