(1.) This is and reference made under Section 374, Criminal P.C., by the learned Sessions Judge of Hoogly for confirmation of a death sentence passed on Kanai Lal Paladi. The latter has also appealed against his convictions under Section 302 and Section 392/397, Indian Penal Code. As I have stated, the appellant was sentenced to death under Section 302, Indian Penal Code, but no separate sentence was passed under Section 392/397, Indian Penal Code. It will be convenient to deal with the reference and the appeal in this judgment.
(2.) The charge against the appellant was that he had in the early morning of April 6, 1947, at a village called Gopinagar murdered two persons Badal Chandra Das and Sudhan Ruidas. A further charge was that he had committed robbery and at the time of committing the said robbery he used a deadly weapon.
(3.) The trial was before the learned Sessions Judge sitting with a jury. The jury convicted the appellant upon both charges and the learned Sessions Judge agreeing with the verdict sentenced the appellant to death under Section 302, Indian Penal Code.