Pathak C. J. :- The abovementioned Death Reference and Appeals arise out of the judgement and order passed by the learned Sessions Judge of Goalpara in Sessions Case No. 35(D) of 1972.

2. Upendra Nath Rajkhowa was charged under Section 302 of the Indian Pedal Code for committing murder of Mrs. Putuli alias Putul Rajkhowa and Miss Nirmali alias Linu Rajkhowa on or about the night of 10-2-70 in the District and Sessions Judge's bungalow at Dhubri and he was also charged under Section 302 of the Indian Penal Code for committing murder of Miss Jonali alias Luna Rajkhowa and Miss Rupali alias Ruplekha alias Bhantu Rajkhowa on or about 25th February, 1970 in the District and Sessions Judge's bungalow at Dhubri. He was also charged under S.201 of the Indian Penal Code for having caused certain evidence of the said offence to disappear to wit for burying the dead bodies of the above mentioned. persons on both the occasions with the intention of screening himself from the legal punishment.

3. Upendra Nath Rajkhowa and Umesh Baishya were jointly charged under Section 302 read with Section 34 of the Indian Penal Code for intentionally causing the death of Mrs. Putuli alias Putul Rajkhowa and Miss Nirmali alias Linu Rajkhowa on or about the night of 10-2-70 in the District and Sessions Judge's bungalow at Dhubri in furtherance of their common intention and they were also charged under Ss.302/34 of the Indian Penal Code for intentionally causing the death of Miss Jonali alias Luna Rajkhowa and Miss Rupali alias Ruplekha alias Bhantu Rajkhowa on or about 25-2-70 in the District and Sessions Judge's bungalow at Dhubri in furtherance of their common intention.

4. Both of them also were charged under Sections 201/34 of the Indian Penal Code for causing certain evidence of the said offences to disappear to wit, for burying the dead bodies of the said persons on both the occasions in furtherance of their common intention.

5. Both the accused have been tried by the learned Sessions Judge in Session Case No. 35(D) of 1972 under the said charges and he has convicted Upendra Nath Rajkhowa under Sections 302 and 201 of the Indian Penal Code and sentenced him to be hanged by neck till death under Section 302 of the Indian Penal Code and no separate sentence under Section 201 of the Indian Penal Code has been passed. The learned Sessions Judge has found that the prosecution had failed to prove the charges against Umesh Baishya and so he has been acquitted of the charges Hence this Reference and the Appeals.

6. The prosecution case briefly is as follows :-

Accused Upendra Nath Rajkhowa joined as District and Sessions Judge at Dhubri sometime in 1969. At first he came to Dhubri alone and stayed in the Circuit House. Thereafter he shifted to the official residence of the District and Sessions Judge, Dhubri. Rajkhowa's family consisted of himself, his wife Mrs. Putuli Rajkhowa alias Putul Rajkhowa and his daughters Miss Nirmali alias Linu Rajkhowa, Miss Jonali alias Luna Rajkhowa and Miss Rupali alias Ruplekha alias Bhantu Rajkhowa. During the Puja holidays of 1969 accused Rajkhowa's wife and the three daughters came to Dhubri and stayed with him. The two younger daughters namely Miss Luna and Miss Bhantu were sent back to Gauhati on re-opening of the College to enable them to pursue their studies. After the departure of Miss Luna and Miss Bhantu for Gauhati, accused Rajkhowa was left with his wife and eldest daughter Linu. A few days before Magh Buhu which fell on 14th January, 1970, accused Rajkhowa asked Bigan Prosad Rout (P.W. 3) who was a Peon of the District Judge's Court at the relevant time to cut a wooden post which was standing near the bath room attached to the bed room of accused Rajkhowa. Accordingly the post was cut. Thereafter accused Rajkhowa asked P.W. Bigan to uproot the whole stump of the post which was done (by P.W. Bigan with the assistance of Md. Sahid Ali (P.W. 15), a peon in the Assistant District Judge's office at Dhubri and Rad