( 1 ) THE two appellants were convicted of murder under Section 302 of the Indian Penal Code and sentenced to death by the Additional Sessions Judge, Alipore, on the majority verdict of the jury of 7 to 2. There is also a Reference for confirmation of death sentence under Section 374 of the Code of Criminal Procedure. Both the appeal and the Reference have been heard together.

( 2 ) THE charge against the two appellants, Arun Kumar Banerjee and Narayan Chatterjee was in the following terms:"that you on or about the 24th day of July, 1960, at Dhikirhat Baharu P. S. Joynagar committed murder by causing the death of Sadhana Banerjee and thereby committed an offence punishable under Section 302 of the Indian Penal Code and within the cognizance of the Court of Session. And I hereby direct that you be tried by the said Court on the said charge".

( 3 ) SADHANA Banerjee was the wife of appellant Arun Kumar Banerjee. Appellant Narayan Chatteriee was the cousin (Awn's mother's sister's son) of appellant Arun. At the time of the death of Sadhana Banerjee she was about 19 years old, her husband, appellant Arun, was about 23 years old and appellant Narayan was also about