Judgment

VARADARAJAN, J.:- These appeals by special leave are against the common judgment of a Division Bench of the Gauhati, High Court in Criminal Death Sentence Reference No. 1 of 1981 in regard to two accused persons Henry Westmuller Roberts and Sunil Chandra Biswas and Criminal Appeal No. 19 of 1981 filed by those two condemned persons and Criminal Appeals Nos. 24 and 25 of 1981 filed by Naresh Chandra Ghatani and Anil Chandra Barua respectively. The Sessions Judge, Dibrugarh in Sessions Case No. 33 (TSK) of 1978, convicted and sentenced Henry Westmuller Roberts and Sunil Chandra Biswas (hereinafter referred to as Henry and Sunil respectively) to death under S. 302 read with S. 34 I.P.C. for the murder of a boy Sanjay alias Gettu Agarwala (hereinafter referred to as Sanjay), and to imprisonment for life under S. 364 read with S. 34 I.P.C. and rigorous imprisonment for seven years under S. 201 read with S., 34 I.P.C. and those two accused Henry and Sunil and accused Anil Chandra Barua and Naresh Chandra Ghatani (hereinafter referred to as Anil and Naresh respectively) to rigorous imprisonment for five years each separately under S. 120B and S. 387 read with S. 34 I.P.C. The sent