- (1.) Babu Molla (the appellant in CRA No. 385/2015) and his mother Manjuma Bibi (appellant in CRA No. 449/2015) and three of their relations were placed on trial in a sessions trial before the learned Additional District and Sessions Judge, 4th Court, Berampore, Murshidabad to answer charges for the offences punishable under section 364/34 IPC and under section 302/34 IPC. During the pendency of the trial the accused Gulamajan Molla, the father of the appellant Babu Molla expired and the case against him was filed. In the said trial both Babu Molla and his mother Manjuma Bibi were convicted under section 302/34 IPC. While Babu Molla was sentenced to death, his mother Manjuma Bibi was sentenced to suffer imprisonment for life and to pay a fine with default clause. However, other two accuseds Rijaul Molla and Firoja Bibi were acquitted.
(2.) The order of conviction and sentence passed against Babu Molla gave rise to death reference 4 of 2013 and simultaneously the said judgment being challenged by Babu Molla and his mother Manjuma Bibi in two separate appeals CRA No. 805 of 2013 (Babu Molla-appellant) and CRA No. 179 of 2014 (Manjuma Bibi-appellant) were registered.
(3.) The said death reference and the aforesaid two appeals came up for hearing before a division bench of this High Court, where one of us was a party.;