Basu, J. - (1.) The learned Sessions Judge, Cooch-Behar commenced Sessions Trial No. 4 (6) of 2004 corresponding to Sessions Case No. 83 of 2004 with five persons namely, Sagar Saha @ Salim Sk., Nagen Das, Bibhuti Mohan Sarkar, Parul Talukdar @ Saha and Rajubala Talukdar. Amongst the five persons, the learned Judge framed charges under Section 364/34 of the I.P.C. against Sagar Saha @ Salim Sk., Nagen Das, Bibhuti Mohan Sarkar and under Section 302/34 and 201/34 of the I.P.C. against all the five persons and also a charge under Section 14 of the Foreigners' Act against Sagar Saha @ Salim Sk.
(2.) The learned Judge after conclusion of trial found Sagar Saha @ Salim Sk. and Nagen Das guilty under Section 364/34 of the I.P.C. and Sagar Saha @ Salim Sk., Nagen Das, Parul Talukdar @ Saha and Rajubala Talukdar guilty under Section 302/34 of the I.P.C. The learned Judge recorded an order of acquittal against all the accused persons under Section 201/34 of the I.P.C. and he also recorded an order of acquittal under Section 14 of the Foreigners' Act against Sagar Saha @ Salim Sk. The learned Judge also acquitted Bibhuti Mohan Sarkar of all the charges.
(3.) The learned Judge after convicting Sagar Saha @ Salim Sk. both under Sections 364/34 and 302/34 of the I.P.C. imposed death sentence against him under Section 302/34 of the I.P.C. which resulted the present reference before this High Court being Death Reference No. 2 of 2004. The learned Judge, however, did not impose any separate sentence under Section 364/34 of the I.P.C. against Sagar Saha @ Salim Sk. and Nagen Das.;