In a trial for murder, the fact of death can be proved by circumstantial evidence provided that the jury are warned that the evidence must lead to one conclusion only, and, that of the guilt of the accused.

( 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 19 years old.

( 4 ) THE prosecution case may be stated briefly: Appellant Arun Kumar Banerjee married Sadhana Bose on the 13th May, 1960 after a period of courtship alliance which was supposed to begin from 1958. The marriage was art inter-caste marriage--appellant Arun was a Brahmin and Sadhana was a Kayastha. The marriage was not approved by the members of the family either of Sadhana or of Arun. No family members appear to have attended such marriage ceremony. The marriage took place at a place with the address 6-C, Rani Rashmani Garden Lane, a little north of Chingrighata Road. A gentleman by the name Bholanath Das (P. W. 7), an employee of the National Rubber Manufacturers Ltd. and an Assistant Secretary of the Labour Union actually did the sampradan ceremony of the marriage. Appellant Arun was employed as a worker in the factory of the Matronal Rubber Manufacturers Ltd. and used to be paid at a weekly rate of Rs. 15. 73 np. The marriage was attended by some of the employees of the Factory. After the marriage Arun and Sadhana are said to have taken up residence at Chingrighata at the address 8/158, Prabhuram Sarkar Lane.

( 5 ) AFTER about a month and a half of their stay at Chingrighata Arun and Sadhana came to Seal Colony at Dum Dum, to be more accurate at 105, Dum Dum Road. At this place Sadhana's father and some other members of Sadhana's family used to reside. Arun's father Prangopal Banerjee, ordinarily a resident of Rahara-Kharda brought Arun and Sadhana to 105, Dum Dum Road. The time when this took place was the 30th June, 1960. Since then Arun and Sadhana resided in a portion of the verandah adjoining the room where an elder sister of Sadhana called Shefali then unmarried used to live. That portion: of the verandah was fenced to to make room for Arun and Sadhana. This was at 105, Dum Dum Road.

( 6 ) WITHIN a period of about three weeks from the arrival of Arun and Sadhana at 105, Dum Dum Road, in fact on the 24th July, 1960, the appellant Narayan with Arun's younger brother Pota came to visit them and the three, the two appellants and Pota left together at about mid-day on the 24th July, 1960. In the after-noon at about 4. 30 p. m. Sadhana also left 105, Dum Dum Road. Her father Kalish Chandra Bose observed Sadhana on the Dum Dum Road and when he enquired he was told by Sadhana that she was going to Sealdah as instructed by her husband Arun. An hour thereafter at about 5. 30 p. m. on the same day Sadhana's friend, one Maya Kundu, also noticed Sadhana and the two appellants proceeding to wards, the South Station, Sealdah. After about a period of three hours at about 8-30 p. m. at night. Madhab Paramanik (P. W. 4), a resident of Baharu, P. S. Joynagar noticed the two appellants with Sadhana getting down at Baharu Rail way Station from t