DEBI PROSAD DEY, J.

The death reference being no. 05 of 2016 arises out of the judgment, order of conviction and sentence dated 15th April, 2016 and 19th April, 2016 respectively in sessions trial no. 02(09) of 2014 passed by learned Additional District and Sessions Judge, Barasat corresponding to Sessions case no. 03(09) of 2014 whereby and whereunder the learned Trial Court has sentenced the appellants to death for the offence under Section 302/34 of Indian Penal Code and has also convicted the appellants for the offence punishable under Section 364/34 of Indian Penal code and sentenced them to suffer rigorous imprisonment for life and also fine at the rate of Rs. 10,000/- each in default to suffer rigorous imprisonment for one year. However, Rakesh Barman alias Chote has been convicted for the offence punishable under Section 302/34 of Indian Penal Code and has been sentenced to suffer rigorous imprisonment for life with fine.

2. Four criminal appeals being no. CRA 350 of 2016, CRA 341 of 2016, CRA 342 of 2016 CRA 386 of 2016 and CRA 333 of 2016 have been filed by the appellants challenging the aforesaid order of conviction and sentence awarded by learned Additional District and Sessions Judge, Barasat.

3. We have decided to dispose of the aforesaid death reference as well as the criminal appeals by a common judgment.

4. The case of the prosecution in brief is that the appellants forcibly took away Sourav Chowdhury in the night of 4th July, 2014 and thereafter committed murder of Sourav Chowdhury near Duttapukur railway track. The further case of the prosecution is that after commission of such murder, the dead body of Sourav Chowdhury was kept on the railway line in order to conceal such offence and to project a police case to the effect that Sourav Chowdhury died of railway accident. In fact the dead body of Sourav Chowdhury was separated in various parts since the dead body was cut into pieces by the movement of railways on such railway track. Sandip Chowdhury, brother of Sourav Chowdhury reported the matter to police in black and white and accordingly Duttapukur police station case no. 528 of 2014 dated 05.07.2014 under Section 364/302/201 of Indian Penal Code and 25/27 of Arms Act was started and the investigation ultimately culminated in filing of charge sheet. One Liton Talukdar though named in the charge sheet, could not be apprehended and accordingly the charge sheet was submitted showing him as absconder.

5. In order to bring home the case of prosecution charges under Section 364/302/201/120B/352/212/34 of Indian Penal Code read with Section 25/27 of the Arms Act were framed. The prosecution has examined as many as 40 witnesses and has also produced several documents and Articles vide exhibit 1 to 106 and material exhibit I to xlvi, to prove the case of prosecution.

6. Learned trial Court has convicted the appellants for the offence under Section 364 of Indian Penal Code read with Section 34 of Indian Penal Code and sentenced them to suffer rigorous imprisonment for life and to pay a fine of Rs. 10,000/- each in default to suffer rigorous imprisonment for 1 year. The appellants have also been convicted for offence punishable under Section 302 of the Indian Penal Code read with Section 34 of Indian Penal Code and all the appellants were sentenced to death for the aforesaid offence and to pay a fine of Rs. 20,000/- each in default to suffer rigorous imprisonment for 2 years. However, Rakesh Barman alias Chote has been sentenced to suffer rigorous imprisonment for life with fine for the offence under Section 302/34 of Indian Penal Code. Appellant Shyamal Karmakar has further been sentenced for the offence under Section 27 of the Arms Act.

7. Poly Maity, Ratan Das alias Tota alias Tofa, Sisir Mukherjee alias Sisir Mukhopadhyay alias Sanku Mukherjee alias Sanku Mukhopadhyay have been convicted for the offence under Section 212 of the Indian Penal Code read with Section 34 of Indian Penal Code and they were sentenced