JUDGMENT

Fakkir Mohamed Ibrahim Kalifulla, J. –

1. These appeals arise out of the common Judgment of the High Court of Calcutta in Criminal Appeal No.428 of 2005 which was preferred by Nasir and Aftab together. The said Judgment was rendered on 05.02.2010 in Death Reference Case No.2 of 2005 in Sessions Case No.79 of 2002 as well as Criminal Appeal Nos.247 of 2005, 377 of 2005, 425 of 2005 and 428 of 2005. The Appellant in Criminal Appeal Nos.1240-41 of 2010 is Mohd. Jamiludin Nasir (hereinafter referred to as ‘Nasir’). The Appellant in Criminal Appeal Nos.1242-43 of 2010 is one Aftab Ahmed Ansari (hereinafter referred to as ‘Aftab’).

2. The Sessions Case was tried by the learned Judge XIIth Bench, City Sessions Court at Calcutta in Sessions Case No.79 of 2002. The FIR was registered on 22.01.2002 in FIR No.19 for offences under Sections 121, 121A, 122, 120B, 302, 333, 427 and 21 Indian Penal Code, 1860(hereinafter referred to as ‘IPC’), as well as Sections 25(1B)(a) and 27 of the Arms Act, 1959(hereinafter referred to as ‘Arms Act’). The FIR was registered at 06.36 a.m. The date and time of the occurrence was noted as 22.01.2002, 06.30 a.m. The General Diary (hereinafter referred t