NURE ALAM CHOWDHURY, J. - (1.) THIS appeal on behalf of the Appellant Ismile Seikh @ Khayapa is directed against the judgment and order dated 22nd September, 1999, passed by a learned Additional Sessions Judge, 2nd Court, Krishnagar, Nadia, in Sessions Trial No. III (July)/99, Sessions Case No. 6(12)/98, convicting the Appellant under Section 302 I.P.C. and sentencing him to death and directing under Section 354(5) of the Cr.P.C. that the Appellant be hanged by the neck till he is dead as also to pay a fine of Rs. 2,000/-, in default to undergo rigorous imprisonment for two years. Learned Additional Sessions Judge also submitted the proceedings before the Hon'ble High Court for confirmation of the sentence of death which has been registered as Death Reference No. 5 of 1999.
(2.) THE aforesaid Appeal registered as C.R.A. No. 355 of 1999, on a petition of Appeal by the Appellant through the Superintendent, Dumdum Central Jail was admitted by order dated 2nd December, 1999 and directed to be heard along with the aforesaid Death Reference and the realisation of sentence of fine was stayed and the learned Public Prosecutor was directed to engage a Senior Lawyer as Defence Lawyer at the cost of the Government. It appears that the Appellant was defended at the trial by a learned Advocate appointed by the learned trial Judge at the cost of the State. In this Court also we did not find any learned Advocate appearing on behalf of the Appellant at the cost of the State when the Appeal was taken up for hearing and as such Mr. Rash Behari Mahato, learned Advocate, with a Junior of his choice has been appointed by this Court to appear on behalf of the Appellant at the cost of the State and accordingly Mr. Rash Behari Mahato, learned Advocate with his Junior Mr. Sushil Kumar Mahato is appearing on behalf of the Appellant at the cost of the State.
(3.) MR . Rash Behari Mahato, learned Advocate appearing on behalf of the Appellant narrated briefly the prosecution case, the defence case and the nature of the evidence and materials-on-record adduced in support of the prosecution and the findings of the learned trial Judge on the basis of the evidence and the materials-on-record as well as the conclusion of the learned trial Judge for awarding the sentence of death to the Appellant.;