- (1.) Both the death reference and the appeal arose out of a judgement dated 14th March, 2007, passed by the learned Additional District and Sessions Judge, Fast Track Court, Jhargram, in Sessions Trial Case No. XX/November/2006 convicting the accused Bhuddadeb under section 302/120B of the Indian Penal Code, and acquitting four other accused persons and an order dated 22nd March, 2007, by which the convict was sentenced to death. The convict has come up in appeal. The death reference has also been placed before us. Both the appeal and the reference have been heard together and this judgement will govern both the appeal and the reference.
(2.) The facts and circumstances of the case briefly stated are that on 26th May, 2006, Snehasis, a local leader of the ruling political party, was killed by a heavy sharp-cutting weapon as well as by firearms. Another member of the ruling Marty was injured. The deceased and the injured were talking together accompanied by five others at about 7.00 p.m. in the evening when the incident happened.
(3.) Twelve persons were charge-sheeted. Seven of them absconded. Five of them were charged. Four of them have been acquitted. The appellant has been convicted.;