JUDGMENT

Patterson, J. - This reference is for confirmation of the sentence of death passed on one Moti Lal Mallick, on his conviction u/s 302 read with Section 34, I.P.C. There is also an appeal by the said Motilal Mallick against his conviction and sentence under the above sections as also against his conviction under certain provisions of the Arms Act, in respect of which no separate sentences were passed. The trial was before a tribunal composed of three Commissioners appointed by the Local Government under the provisions of the Bengal Criminal Law Amendment Act of 1925 and this being so, an appeal lies to this Court on the facts as well as on questions of law. One Kalachand Shaha was tried along with Motilal Mallick, but was acquitted, and although his case is not before us, it may at once be said that the fact of his acquittal has been urged before us as one of the grounds for not placing complete reliance on the evidence of the prosecution witnesses. It appears that the case against Kalachand failed by reason of certain defects in the evidence of identification. No question of identification, however, arises regarding Motilal Mallick and the defects referred to above are ther