ASHIM KUMAR ROY, J.:

The death reference for confirmation of sentence of death passed against the convicts Bappa Das and Biswajit Sadhukhan and the criminal appeal by the said convicts against their conviction and sentence arises out of a Judgment and order passed by the Learned Additional District and Sessions Judge, Fast Track, rd Court, Barrackpore in a sessions trial held before him, where the convicts were charged under Section 364A read with Sections 302/201/34 of the Indian Penal Code.

In the aforesaid trial both Bappa Das and Biswajit Sadhukhan were convicted under Sections 302/34 as well as under Sections 201/34 of the Indian Penal Code and thereunder both of them were sentenced to death and to suffer rigorous imprisonment for 7 years respectively and to pay fine with default clause on each count.

2. The prosecution case in brief runs as follows;

The victim Sharmistha Das @ Ria, who was aged about 7 years at the time of the alleged occurrence was the daughter of P.W. 1 Shyamal Das. On November 26, 2006 at about 18 hours the convict Bappa Das, who happened to be the first cousin of the victim Ria came to their residence and took her out for a cycle ride in presence