S.J.MUKHOPADHAYA, J. - (1.) By impugned judgment of conviction and sentence dated 6th June, 2003 and 9th June, 2003 respectively passed by Shri Kant Roy, A.D.J. (F.T.C.), Seraikella in Sessions Trial No. 3 of 2003, the appellant having been sentenced to death, it has been referred to this Court under section 366, Cr. P.C. for its confirmation. A separate appeal being Criminal Appeal No. 824 of 2003, vice versa, has been preferred by the appellant against the judgment and order of conviction and sentence dated 6th June, 2003 and 9th June, 2003 respectively, passed in sessions Trial No. 3 of 2003. By the said judgment, the accused Samir Kumar Sahu having been found guilty of offence under section 304, Part II, I.P.C., he has been sentenced to undergo R.I. for ten years; for offence under section 25(1)(A) of the Arms Act, he has been sentenced to undergo R.I. for seven years and; further he having been found guilty under section 27(3) of the Arms Act, he has been sentenced to death.
(2.) In the present case, the Informant Madan Kumar Sahu (PW-6) is the full brother of accused Samir Kumar Sahu. The deceased Manoj Kumar Sahu was the minor son of the Informant. The allegation against accused Sarnir Kumar Sahu is that he murdered his nephew Manoj and he was in possession of prohibited arms and ammunitions.
(3.) As per Fardbeyan of Informant Madan Kumar Sahu (PW-6), the case of the prosecution is that in the night of 6th September, 2002 at about 9.30 P.M., the Informant was at a betel shop near Railway station, Kharsawan and on his return to his house by 10 P.M., as he could not find his son Manoj Kumar Sahu in his house, asked his wife about him. The wife of Informant answered that boy had gone to the room of accused Samir Kumar Sahu with meal of his uncle. Then the Informant went to the room of accused Samir Kumar Sahu and saw his son Manoj lying on the floor of the room having bleeding on his left head caused by bullet and he was dead. When he asked the accused, the accused answered that a loaded pistol was on the table and the boy had taken that pistol. When the accused tried to take away the pistol from him, the trigger was pressed causing injury on him and he died on the spot. The Informant further stated that on his information, the police came and arrested the accused. The accused confessed before the Police that he fired from his pistol. On his (accused) disclosure and on identification, the pistol and bullets were recovered by the Police.;