Judgment

S. JAFER IMAM J. : In these appeals the appellants were convicted for the murder of Malchand Bhadani. A charge under S. 302, Indian Penal Code, had been framed against each of them. The Sessions Judge found that the murder had been committed in the furtherance of their common intention. In his opinion as appellant Bipin Behari Sarkar had actually committed the murder he convicted this appellant under S. 302 of the Indian Penal Code. He convicted the appellant Bishnu Charan Saha under Ss. 302/34 of the Indian Penal Code. He sentenced both the appellants to death. The appellants appealed to the Calcutta High Court while the Sessions Judge made a reference for the confirmation of the death sentence passed by him. The High Court found the appellants guilty under Sections 302/34 of e Indian Penal Code.It accordingly confirmed the sentence of death imposed on the appellants by the Sessions Judge.

2. According to the prosecution, one Tarachand Bhadari had a cloth shop at Mathabhanga in the district of Cooch Bihar. He was joint in business and mess with his two sons, Prithiraj and the deceased Malchand. The annual turnover of the shop was between Rs. 50,000 to Rs. 60,000. On Decembe