SANKAR BHATTACHARYYA, J. - (1.) Himangshu Pahari alias Ganesh, the appellant before us, was arraigned before the learned Additional Sessions Judge, 10th Court, Alipore to answer the following charges:- "First- That you along with two others on or about the 19th day of Sept. 1979 at P-294 C.I.T. Road, P. S. Beliaghata committed robbery of one ladies wrist watch, portion of gold neck chain fitted with stone, one gold Baud, iron bangles covered with gold, and thereby committed an offence punishable under S. 392 of the I.P.C. Secondly- That you along with two others on or about the same date and at the same place in furtherance of common intention of you all did commit murder by intentionally causing the death of Sm. Khusirani Sukla, wife of Kapildeo Sukla, and thereby committed an offence punishable under S. 302/34 of the I.P.C." On conclusion of the trial, the appellant was convicted of both the charges and sentenced to rigorous imprisonment for 5 years for the first charge and to death for the second charge. The above order of conviction and sentence is under challenge in this appeal. Along with the appeal we have also heard the reference made by the learned Additional Sessions Judge under S. 366(1), Criminal Procedure Code, 1974 for confirmation of the death sentence. This judgment will, therefore, govern both the appeal and the reference. Short of details, the prosecution case is as under: Kapildeo Sukla (P. W. 4), the husband of deceased Khusirani, was a tenant of Flat No. 3 in the first floor of Premises No. P-294, C.I.T. Road, Calcutta-10, under the landlord Anil Kumar Chanda (P. W. 3). Kapildeo used to occupy the above flat with his wife Khusirani, son Ranjit (P. W. 39) and daughter Sunita alias Buchi (P. W. 38). At the material time Ranjit was a student in the night section of the Umesh Chandra College, while Sunita was a student of the M. V. Girls School at. Park Circus. Kapildeo has a transport business in Calcutta and Ranjit used to attend his father's office at noon. They had a part-time maid servant named Lila alias Burima who used to work in their flat in the morning and in the evening. Kapildeo left for Mirzapore on 15-9-1979 in connection with his business and came to Calcutta on 21-9-1979 on receipt of the news of his wife's murder.
(2.) On Sept. 19, 1979 Sunita left for her school at or about 9 A.M. as usual and Ranjit also left for his father's office round about the same time. At or about 2 P.M. the deceased's brother Gopal Guha (P. W. 10), a resident of Calcutta, along with his friend Swapan Roy (P. W. 13), paid a visit to his sister's flat. She was alone in the flat at that time and during their talks with her they came to know from her that her refrigerator had gone out of order.
(3.) While they were talking with the deceased, there was tapping on the door of the flat. The deceased, after peeping through the eyehole of the door opened it when three men entered the flat. One of them wearing a printed shirt and carrying a khaki bag started conversation with the deceased over the repair of her refrigerator. After a while, Gopal and his friend left the flat while those three men remained inside.;