JUDGMENT

Sharpe, J. - This Reference case No. 9 of 1945 and the connected Appeal No. 616 of 1945 preferred by Abdul Kader, as well as the jail appeals preferred by Abdul Kader, Fazil Bepari and Kalu Mia have been heard together. All the appellants have been found guilty under S. 302, Penal Code by the unanimous verdict of the jury and sentenced to death by the learned Sessions Judge of Rajshahi. Each of the appellants has also been found guilty under S. 120B/302, Penal Code and in addition Fazil and Kalu have been found guilty under S. 201, Penal Code by the unanimous verdict of the jury and they have been convicted under those sections, but no separate sentences have been imposed, because of the sentences of death, imposed for the major offence, which have been referred to this Court for confirmation.

2. The prosecution case and evidence are briefly as follows : On Thursday, 2nd November 1944, Aniruddin, Vice - President of the Lakshipur Kholabaria Union Board, was called from his house about 9 A. M. by a man who was at first unknown but who subsequently transpired to be Ramjan Sardar, Chonkidar, P. W. 7. He did not return that evening or the following day so his son, Hossain P. W.