SANKAR BHATTACHARYYA, J.

( 1 ) HIMANGSHU Pahari alias Ganesh, the appellant before us, was arraigned before the learned Additional Sessions Judge, 10th Court, Alipore to answer the following charges:-"first- That you along with two others on or about the 19th day of Sept. 1979 at P-294 C. I. T. Road, P. S. Beliaghata committed robbery of one ladies wrist watch, portion of gold neck chain fitted with stone, one gold Baud, iron bangles covered with gold, and thereby committed an offence punishable under S. 392 of the I. P. C. Secondly- That you along with two others on or about the same date and at the same place in furtherance of common intention of you all did commit murder by intentionally causing the death of Sm. Khusirani Sukla, wife of Kapildeo Sukla, and thereby committed an offence punishable under S. 302/34 of the I. P. C. "on conclusion of the trial, the appellant was convicted of both the charges and sentenced to rigorous imprisonment for 5 years for the first charge and to death for the second charge. The above order of conviction and sentence is under challenge in this appeal. Along with the appeal we have also heard the reference made by the learned Additional Sessions

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