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 I.P.C. 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 section 302/34 I.P.C. but acquitted them of the charge under section 201/34 I.P.C. As regards the charges under sections 364/34 I.P.C. and 379 I.P.C. 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 section 302/34 I.P.C. 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 Cr. P.C. 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 commu