PRASHANT KUMAR,J - (1.) THIS appeal is directed against the judgment of conviction dated 14.3.2011 and order of sentence date 17.03.2011 passed by Additional Sessions Judge, Fast Track Court -II, Giridih in Sessions Trial No. 357 of 2001 whereby and whereunder he convicted the appellant under Sections 302/34, 436 of the I.P.C. and sentenced him to undergo R.I. for seven years for the offence under Section 436 of the I.P.C. and also awarded death penalty against him for the offence under Section 302 of the I.P.C.
(2.) LEARNED Additional Sessions Judge, F.T.C. -II Giridih made reference under Section 366 of the Cr. P.C. for confirmation of death reference. The case of prosecution in brief is that in the night of 15/16th April, 1999 at about 1.00 a.m. Jageshwar Mahto, Nandlal Mahto, Arjun Mahto (appellant), Sukhdeo Sao, Raju Sao, Khubi Sao, Binod Sao and Kishun Sao arrived in the angan of informant. It is further alleged that when informant's daughter opened the door of the room for easing they saw accused persons and raised alarm. Thereafter, accused persons cut informant's daughters namely, Rekha Kumari and Gita Kumari in two pieces by knife and sword. It is further stated that immediately after seeing the occurrence informant and his wife closed the door of the room from inside. Thereafter, accused persons started cutting the door of the room by using axe and were saying that informant would not be spared and he will also be killed because on earlier two occasions he escaped. It is further alleged that when the door could not open accused persons put fire in the house of informant and fled away. It is stated that on the alarm raised by the informant and his wife, several villagers arrived and they extinguished fire from his house.
(3.) IT appears that on the basis of aforesaid information police instituted Birni P.S. case No. 34 of 1999 dated 16.04.99 under Sections 436/302/34/120(B) of the I.P.C. and took up investigation. It appears that during investigation police prepared inquest reports of two deceased and send the dead -body for post -mortem examination. It further appears that during investigation police arrested the appellant and after completing investigation police submitted charge -sheet against him under Sections 302/34, 436 and 120(B) of the I.P.C. It further appears that learned Chief Judicial Magistrate Giridih took cognizance of the offences and then committed the case to the Court of Session as the offences under Sections 302/34 and 436 of the I.P.C. are exclusively triable by a Court of Session. It further appears that after commitment charge framed against the appellant under Sections 302/34, 436 and 120(B) of the LP.C. Said charges explained to the appellant to which he pleaded not guilty and claimed to be tried.;