- (1.) The Hang Man's Noose sought to be fixed on the frail neck of the Condemned/Appellant on account of his conviction and sentence of DEATH in Sessions Trial No. 20 of 2001/- Sessions Case No. 57 of 2000 passed by Shri Mahadeb Ghosh, Learned Additional Sessions Judge, Burdwan on June 16, 2001, has promoted him (Condemned/Appellant) to prefer this Appeal under Section 374(2) of the Code of Criminal Procedure (here-in-after referred to as 'the said Code'). Death Reference No.1 of 2001 as a necessary corollary follows suit under Section 366 of the said Code.
(2.) Sojourn to the Death Cell of the Condemned/Appellant can be traced back to some gory details which is illustrated in the Charges framed by the learned Trial Court against him and others (since acquitted) which read as follows : a. "That you along with Samjad Sk., since minor, on or about the 14th day of August, 1996 at Guskara Municipality, P.S. Aushgram, district Burdwan, in furtherance of common intention of you all, did commit murder by intentionally causing the death of Uday Samanto s/o Late Durgadas Samanto of Khaluibil Math, Burdwan Town and thereby committed an offence punishable U/s. 302 I.P.C. read with Sec. 34 I.P.C. b. "That you along with Samjad Sk. since minor, on or about the same day and at the same place, in furtherance of common intention of you all, knowing that certain offence, to wit murder to Uday Samanto son of Late Durgadas Samanto, has been committed, did cause certain evidence of the said offence to disappear, to wit hide the dead body of said Uday Samanto in the safety tank of the privy of Nawsad Sk. with the intention of screening yourselves from legal punishment, and thereby committed an offence punishable under Section 201 read with Section 34 of I.P.C. c. "That you, on or about the same date and place agreed to do an illegal act i.e. to cause murder to Uday Samanto S/o. Late Durgadas Samanto and in pursuance of such agreement you murdered said Uday Samanto and thereby committed an offence punishable U/s. 120-B of the I.P.C......."
(3.) Since the accused pleaded not guilty, they were put on Trial. In order to prove its case the Prosecution examined as may as II witness; while none was cited on behalf of the Defence which was a case of simple denial.;