Ashim Kumar Roy, J.

Babu Molla (the appellant in CRA No. 385/2015) and his mother Manjuma Bibi (appellant in CRA No. 449/2015) and three of their relations were placed on trial in a sessions trial before the learned Additional District and Sessions Judge, 4th Court, Berampore, Murshidabad to answer charges for the offences punishable under section 364/34 IPC and under section 302/34 IPC. During the pendency of the trial the accused Gulamajan Molla, the father of the appellant Babu Molla expired and the case against him was filed.

In the said trial both Babu Molla and his mother Manjuma Bibi were convicted under section 302/34 IPC. While Babu Molla was sentenced to death, his mother Manjuma Bibi was sentenced to suffer imprisonment for life and to pay a fine with default clause.

However, other two accuseds Rijaul Molla and Firoja Bibi were acquitted.

2. The order of conviction and sentence passed against Babu Molla gave rise to death reference 4 of 2013 and simultaneously the said judgment being challenged by Babu Molla and his mother Manjuma Bibi in two separate appeals CRA No. 805 of 2013 (Babu Molla-appellant) and CRA No. 179 of 2014 (Manjuma Bibi-appellant) were registered.

3. The said death reference and the aforesaid two appeals came up for hearing before a division bench of this High Court, where one of us was a party.

4. This High Court by a judgment and order passed on February 16, 2015 set aside the order of conviction and sentence and remitted back the case to the trial court for their retrial from the stage of the examination of the accuseds under section 313 Cr.P.C.

The order of conviction and sentence was set aside essentially on the ground the examination of the accuseds under section 313 Cr.P.C. was not in accordance with law and the incriminating materials against the accuseds appearing from the evidence on record and were taken into consideration by the Trial Court to hold them guilty were not referred to them.

5. Following the aforesaid order passed by this court both Babu Molla and his mother Manjuma Bibi were re-examined afresh under section 313 Cr.P.C.

Once again the trial court found Babu Molla guilty under section 302/34 IPC and he was sentenced to death.

Whereas, Manjuma Bibi was found guilty on three counts and convicted under section 302/34 IPC, 364/34 IPC and under section 201 IPC. She was sentenced to suffer imprisonment for life for her conviction on the first count and then to suffer rigorous imprisonment for eight years and seven years respectively on rest two counts. On all counts, the appellant Manjuma Bibi was sentenced to pay fine with default clause.

6. The trial Judge submitted the reference before this court for confirmation of sentence of death, which gives rise to the present death reference case no. 2 of 2015 and the order of their conviction being challenged by Babu Molla and his mother Manjuma Bibi in two separate statutory appeal the same give rise to CRA No. 385 of 2015 and CRA No. 449 of 2015.

Since the death reference and the aforesaid two criminal appeals were arising from the self-same judgment and order, both were taken up for hearing together and are now disposed of by this common judgment and order.

7. The prosecution case in short is as under.

On April 6, 2009, from morning the victim boy, Sohel, aged about five years, who was playing with his friends in front of their house, found missing. The parents and other members of his family and the villagers searched different places but he could not be traced out. A missing diary was lodged with the local police station. Thereafter on April 8, 2009 from one Sifon Molla, a friend of the victim, witnesses came to learn that when both the child were playing, the accused Babu Molla called them inside his house and they went there. The victim was asked to stay but Sifon to leave. The aforesaid incident was then reported to the police station and at night police came and searched the house of the accused persons, but could not trace out the