Basu, J. - (1.) The Additional Sessions Judge, 2nd Court, Berhampur in the district of Murshidabad while disposing of the Sessions Trial No. 237 of 2002 convicted Bishu Mondal under Section 302/34 and 376(2)(G) of the Indian Penal Code and finally, passed an order of death sentence against said Bishu Mondal which gave rise to Death Reference Case No. 1 of 2004 since under the provision of the Code of Criminal Procedure, death sentence recorded by a Judge is subject to confirmation by this Court. Bishu Mondal also preferred an appeal against his order of conviction and sentence registered as Criminal Appeal No. 287 of 2004.
(2.) By our present order we propose to dispose of both the Death Reference as well as Criminal Appeal preferred by the convict appellant.
(3.) The Sessions Trial No. 237 of 2002 arose out of a written compliant lodged by Jannat Ali Mondal of village Mominpur under P.S. Domcal in the district of Murshidabad. Jannat Ali Mondal lodged the FIR on 2nd March, 1997 contending inter alia that on 2nd March, 1997 his niece Manoara Khatun leilt her house at about 10.30 A.M. for cutting grass at Mominpur Dakshin Math and said Manoara Khatun did not return till 2 P.M. At about 3.15 P.M. of the same date one Firoj Mondal came to the house of Manoara Khatun and informed that Manoara Khatun is lying on the field of one Ali Hossain with throat cut injury and in a naked condition and she was dead. Receiving this information Jannat Ali Mondal along with parents of Manoara Khatun, other relatives and other villagers rushed to the place of occurrence and found Manoara Khatun lying dead with throat cut injury and in naked condition. Jannat Ali Mondal and others noticed the wearing tape of Manoara in a torn condition and also mark of scratching of nail on her breast and also found blood coming from her vagina. At the place of occurrence one Moktar Mondal informed that when he was working in the nearby fields, hearing a cry from Manoara, he rushed to the place and found that Bishu Mondal is cutting throat of Manoara with an instrument called 'dauli' and one Ketab Sk. pressed two legs of Manoara catching hold of the same. Moktar Mondal also stated that seeing him- both the accused fled away and Manoara breathed her last within a short time.;