VIJAY KUMAR VERMA,J. - (1.) CHALLENGE in these appeals is to the judg­ment and order dated 5.4.2006 passed by Sri S.K. Samadhiya, the then Sessions Judge Hamirpur, in S.T. No. 161 of 2003 (State v. Ramakant and others), whereby after acquit­ting the respondents-accused Ramakant, Chhotey, Smt. Jai Devi and Smt. Munni Devi of the offences under sections 148, 302 and 307 both read with section 149 of In­dian Penal Code (in short 'the IPC'), and further acquitting the appellant-accused Rajjan Chamar of the offences under sec­tions 148 and 307 read with section 149 IPC, in Case Crime No. 58/2002 of P.S. Kurara (Hamirpur), he has been convicted and sentenced to death sentence under section 302 IPC and imprisonment for life and to pay a fine Rs. 50,000/- under section 326 IPC with further imprisonment for one year in default of payment of fine. Out of the amount of fine, Rs. 40,000/- have been paid as compensation to the victim injured Smt. Ramwati w/o deceased Maiyadeen.
(2.) CAPITAL sentence reference in terms of section 366 of the Code of Crimi­nal Procedure (in short 'the Cr.P.C.) has been sent by the Trial Court for confirma­tion of death sentence. The incident resulting in the death of Maiyadeen s/o Maiku Chamar r/o Kutubpur, P.S. Kurara, District Hamirpur and causing injuries to his wife Smt. Ramwati (P.W.2) occurred on 12.4.2002 at about 5.00 p.m. in the field of deceased, situated in the jungle of village Kutubpur. First informa­tion report regarding that incident was lodged by P.W.1 Bhaiya Lal, uncle of the deceased, on the same day at 8.05 p.m. at P.S. Kurara, where a case under sections 147, 148, 307, 302/34 IPC was registered against Chhotey and Rajjan both sons of Sukhaiya, Smt. Jai Devi w/o Chhotey, Smt. Munni Devi w/o Rajjan and son-in-law of Rajjan, resident of Kusmara P.S. Kurara (Hamirpur). The case of the prosecution as appearing from the chik FIR Ext. Ka 12, in brief, is that on 12.4.2002 the deceased Maiyadeen and his wife Smt. Ramwati were harvesting their crop in the field situate in Karahi Haar. At about 4.00-5.00 p.m. the deceased was collecting harvested crop and Smt. Ramwati was giving food to her children. The accused persons also had harvested their crop in the field situate near the field of Arun Singh. Bhaiya Lal P.W.1 was collecting dry bracts of wheat in the field of Arun Singh. All of a sudden, the accused Ramakant having axe and accused Chhotey, Rajjan, Smt. Jai Devi and Smt. Munni having sickles in their hands came in the field of deceased Maiyadeen and began to cause mar-peet with him by their respective weapons and caused seri­ous injuries to him. When Smt. Ramwati rushed to save her husband, she was also assaulted by the accused persons by sickles and axe, due to which she also sustained serious injuries. Maiyadeen succumbed to the injuries instantaneously. When Smt. Ramwati raised noise, her uncle-in-law Bhaiya Lal and other persons working in nearby fields came on the place of incident, and when they challenged the accused per­sons, they fled away. When Bhaiya Lal reached near Maiyadeen, he saw that he had died and Smt. Ramwati was lying un­conscious.
(3.) LEAVING the dead body of Mai­yadeen in the field in supervision of family members and carrying the injured Smt. Ramwati, the complainant Bhaiya Lal went to P.S. Kurara, where he handed over written report Ext. Ka 1, which was scribed by Kamal Singh (P.W.4). On the basis of this written report, chik FIR Ext. Ka 12 was prepared by the then head moharrir Shyam Swaroop (P.W.8), who registered a case on 12.4.2002 at 8.05 p.m. under sections 147, 148, 307, 302/34 IPC at Case Crime No. 58/2002 against all the five accused named above and made entry regarding registra­tion of the case in G.D. No. 130 at the same time vide Ext. Ka 13.;