JUDGMENT

M.K. MUKHERJEE, J.-

Mahabir Biswas and Shiba @ Bijoy Krishna Dutta, the two appellants herein, along with six others, including one Amit Haldar @ Pagla, were arraigned before the Court of Session for offences punishable under Sections 364/34, 302/34, 201/34 and 379 IPC. On conclusion of the trial the court, while recording an order of acquittal in favour of four, convicted the other four including the two appellants and Amit Haldar under Sections 302/34 IPC but acquitted them of the charge under Sections 201/34 IPC. As regards the charges under Sections 364/34 IPC and Section 379 IPC the Court recorded a finding that those were redundant in the facts and circumstances of the case and, as such, did not pass any formal order of conviction and sentence in respect of the same. For the conviction under Sections 302/34 IPC the two appellants were sentenced to death and the other two to imprisonment for life. The reference made to the High Court under Section 366 CrPC for confirmation of the sentence of death and the appeal preferred by the appellants were heard together and by the impugned judgment the High Court while upholding the conviction of the two appellants commuted their