JUDGMENT

Bibhas Ranjan De, J. - Brief facts/ Background:

1. Learned Additional Sessions Judge, 4th Court, Beherumpore in the District of Murshidabad conducted Sessions Trial No. 19/08/2005 and convicted one Alauddin Sekh under Section 212 of the Indian Penal Code (for short IPC) and sentence to suffer imprisonment for five (5) years and to pay a fine of Rs. 10,000/- with default sentence to suffer imprisonment for five (5) years. Learned Judge further convicted Saju Sekh @ Sahajur and sentenced him to death for the offence punishable under Section 302 IPC. An order of death sentence of Saju Sekh which gave rise to death reference case no. 1 of 2021since under provision of Code of Criminal Procedure Code (for short Cr.P.C), death sentence recorded by a Judge is subject to confirmation by this Court. Saju Sekh @ Sahajur and Alauddin Sekh also preferred two separate appeal against their respective order of conviction and sentence as Criminal Appeal No. 123 of 2021 and Criminal Appeal No. 197 of 2021.

2. By this judgment we propose to dispose of the death reference as well as two criminal appeals preferred by the appellants. In the Sessions Trial No. 19/2008/2005 the law was put into moti