JUDGMENT :

JOYMALYA BAGCHI, J.

1. Death reference and criminal appeal have arisen out of the judgment and order dated 25.06.2019 and 29.06.2019 passed by learned Additional Sessions Judge, 1st Court, Siliguri, Darjeeling in Sessions Case No. 01(01) of 2016 corresponding to Sessions Trial No. 08 of 2016 convicting the appellants for commission of offence punishable under sections 302/392/411 of the Indian Penal Code read with section 34 of the Indian Penal Code and sentenced them to death.

Prosecution Case:

2. Prosecution case levelled against the appellants is as follows:

One Pradip Bardhan and his wife Dipti Bardhan and their son Prasenjit Bardhan used to reside at Lelinpur, Shibmandir under Matigara Police Station. Renovation work was going on in their house for sometime. One and half months prior to the incident, one Mithun Malakar (PW-8) was entrusted with furniture work in the house. He commissioned the work through the appellants. Painting work was also going on in the house. On 15.09.2015 around 9-9:30 a.m. one Biswajit Mondal (PW-5) heard the painters were crying “something