B.H. MARLAPALLE, J.

1. These references for confirmation under Section 366 of the Criminal Procedure Code (the Code for short) arise from the separate order of conviction and sentence passed on 26/5/2009 by the learned Additional Session Judge, Sindhudurg at Oros in Sessions Case No. 3 of 2005 and Sessions Case No. 5 of 2005. In the said Sessions Case in all seven accused came to be tried for the offences punishable under Sections 302, 201, 364A, 394, 397, 404, 201(I), 201(II), 212, 120B read with Section 34 of IPC and Sections 3, 5, 6 read with Section 25 of the Arms Act, 1959. The learned Additional Sessions Judge, by his order dated 25/5/2009, was pleased to acquit accused nos.4 and 7 on all the charges and on 26/5/2009, he passed an order convicting accused no.1, accused no.2, accused no. 3 and accused no.6 for the offences punishable under Sections 302, 364A read with Section 120B of IPC for having murdered four members of Mali family i.e. Sanjay Kerubhai Mali, Rajesh Kerubhai Mali, Anita Kerubhai Mali and Kerubhai Mali and awarded the sentence of death by hanging. He further convicted accused nos.1 to 3 and 6 under Sections 394 and 397 read with Section 120B of IPC