(1.) Heard, learned counsel for the parties. 1. Both these Cr. Appeals as well as Death Reference were heard by the Division Bench of this Court which pronounced separate judgment on 17/7/2025. There was difference of opinion between the learned Judges hearing the Appeals. Justice Rangon Mukhopadhyay, was of the opinion that the charge against the appellants had not been proved beyond the shadow of all reasonable and probable doubt, therefore appellants were entitled to acquittal, whereas Justice Sanjay Prasad held that appellants guilty of the offences charged and confirmed the death sentence.
(2.) In view of the aforesaid difference of judicial opinion, this appeal has been laid before this Court under Sec. 392 of the Cr.P.C under the orders of the Hon'ble the Chief Justice.
(3.) Appellant, Sanatan Baski @ Sahdeo Rai @ Tala Da has been convicted and sentenced by learned trial Court in S.T. No.31 of 2014, whereas appellant- Sukhlal @ Prabir Murmu @ Pravir Da @ Pravil Da @ Harendra Da has been convicted and sentenced by learned trial Court in S.T. No.16 of 2015 for the offences under Ss. 148, 302 read with Ss. 149, 120B, 109, 396, 307, 333, 353, 427 of IPC and Sec. 27 of Arms Act as well as under Sec. 17 of CLA Act.
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