( 1 ) THIS Death Reference No. 2 of 1994 as well as Criminal Appeal No. 173 of 1994 arises out of the orders of convictions and sentence passed by Learned Additional Sessions Judge, Raiganj Uttar Dinajpur dated 23-6-94.

( 2 ) THE prosecution case is that one Sishir Sharja lodged a verbal complaint at 10. 30 p. m. on 3-7-83 at the Raiganj Police Station to the effect that on date at about 7. 30 p. m. he and victim Benu Sarkar were proceeding together towards Benu Sarkar's house. When they had reached the junction of 'anami Sangha Club' near Mohanbati Bazar, two youths wearing shirts and trousers came along the northern side and moved ahead. After both of them had gone about 20 cubits, they stopped and called "come here, Benu Da". After talking for few minutes, Benu said that they will have further talk tomorrow. When Benu Sarkar was coming back one of the two youths had fired. After being hit by such firing Benu Sarkar had fallen down on the road. Then the complainant started running, shouting 'shots are being fired' and having reached the house of Benu Sarkar he fell down. The local gentlemen and the wife of Benu Sarkar came there. She became unconscious Reg