PRASHANT KUMAR, J. - (1.) THIS appeal is directed against the judgment of conviction dated 28th May, 2007 and order of sentence dated 29th May, 2007 respectively by Sessions Judge, Bokaro passed in Sessions Trial No. 264 of 2004, whereby and whereunder the appellant, Mantu Manda @ Mahendra Kumar Mandal was convicted under Sections 302, 149 and 120B of the I.P.C and death sentence was awarded against him for the offence under Section 302 I.P.C. read with Section 149 I.P.C.
(2.) IT is relevant to mention that learned Sessions Judge, Bokaro vide his letter no. 467 dated 5th May, 2007, referred the matter to this Court for confirmation of death sentence as per the provision contained under Section 366 of the Cr. P. C., which was numbered as Death Reference No. 4/07. The case of the prosecution, in brief, as per the self recorded statement of P.W.12 (Ext. -12) is that on 8.10.2002 at about 9.10 P.M. he received a telephonic message that firing is going on in Quarter no. 2 of Sector III/E of B.S City. That information was entered in Station Diary (Ext. -26) and thereafter the Officer -in -charge went to the place of occurrence along with P.W. 14, P.W.15 and other police personnel mentioned in self recorded statement. It is further stated that when they reached at the place of occurrence and entered inside the house they saw dead body of a boy, lying on the ground. It is further stated that at that time itself two constables of T.O.P. -III, namely, Rana Umesh Singh (P.W.2) and Nagendra Kumar Singh (P.W.13) came there and they stated that after hearing the sound of firing, they came at that place. They further disclosed that in the way they saw the appellant, Mantu Mandal @ Mahendra Kumar Mandal and co -accused, Subash, Bablu and Pankaj, who were fleeing towards south from Mahila College. Thereafter P.W. 12 directed P.Ws. 14 and 15 and aforesaid two constables to chase the appellant and others. It is further stated that thereafter two persons, namely, Masum Khan (P.W.3) and Taj Ali also arrived at the place of occurrence and in their presence the entire house was searched. During the said search aforesaid two persons identified the dead body lying on the ground in first room as of Munna alias Vijendra Kumar Mishra. It is further stated that from near the dead body two empty cartridges recovered. It is also stated that thereafter P.W. 12 entered in another room and there he found the dead body of a girl, who was identified as of Rinki Kumari. It is stated that from near the dead body of Rinki Kumari one black purse recovered on which M.T.V music television and Charanjit printed in yellow colour. It is also stated that when the said purse was opened a visiting card recovered on which M.K. Mandal (Mantu) LIC Commission Agent Code 0332330/566/6215 Sector III E, Quarter no. 1 Bokaro Steel City printed and phone no. 488577 was written by pen. It is also stated that from the said purse a Cheque of Rs. 1,000 of Allahabad Bank of A/c. no. 8512515 was found and in the back of said Cheque M.K.Mandal 9.8.2001 written. It is stated that thereafter on the search of entire house dead bodies of Abhishek Kumar Mishra, Ravindra Prasad Mishra and Vanita Devi also recovered. Thereafter, the inquest report of all the above 5 deceased prepared and the articles mentioned above were seized and seizure -list prepared. Thereafter, on the basis of aforesaid self statement B. S. City P.S. Case No. 226 of 2002 instituted under Sections 302, 120B, 34 of the Indian Penal Code and 27 of the Arms Act and police took up investigation.
(3.) IT appears that at the initial stage, the investigation was conducted by Mr. Neeraj (P.W.15). Thereafter P.W. 14 , Mr. Madhav Ram Bhargava was made Incharge of the investigation. Thereafter he was also removed and P.W. 10, Sudhir Chandra Choudhary was made Incharge of the investigation. It further appears that thereafter P.W. 16, Sheo Prakash Singh took charge of the investigation and he submitted charge -sheet against the appellant. On receipt of the said charge -sheet, learned Magistrate took cognizance of the offence and thereafter committed the case to the court of sessions, as the offence under Section 302 I.P.C. is exclusively triable by a court of sessions.;