S.B. Sinha, J.—

INTRODUCTION

These two appeals arise out of a common judgment of conviction and sentence dated 12th August, 2005 passed by the High Court of Judicature at Bombay in Confirmation Case No.2 of 2004 and three connected appeals; one filed by the State and two by the accused, whereby and whereunder it confirmed and accepted the reference made to it in terms of Section 366 of the Code of Criminal Procedure, 1973 in the case of Santoshkumar Satishbhushan Bariyar (appellant in Criminal Case No.1478 of 2005), and upheld the conviction and sentence of life imprisonment in the case of the other accused (respondents in Criminal Appeal No.452 of 2006).

2. Whereas Criminal Appeal No.1478 of 2005 has been preferred by Santoshkumar Satishbhushan Bariyar (A1) (hereinafter referred to as “the appellant”), the State has filed Criminal Appeal No.452 of 2006 praying for enhancement of sentence for Sanjeevkumar Mahendraprasad Roy (A2) and Sanotshkumar Shrijailal Roy (A3).

3. Leave in these matters was granted by this Court by orders dated 28th October, 2005 and 17th April, 2006 respectively.

BACKGROUND FACTS

4. The facts in brief are that the accused were said to have hatched a