- (1.) THE appellant Bangali Yadav was put on trial in Sessions Trial No. 252 of 2010, on the charge of committing murder of one Krishna Yadav in furtherance of the common intention punishable under Sections 302/34 of the Indian Penal Code. The Additional Sessions Judge -I, Palamau at Daltonganj, having found the appellant guilty of the charge vide judgment dated 26/02/2013, awarded death sentence to the appellant vide order dated 07/03/2013. Being aggrieved with the judgment of conviction and order of sentence a criminal appeal has been preferred whereas the Court referred the matter under Section 374 of the Code of Criminal Procedure for confirmation of the order, upon which Death Reference No. 2 of 2013 has been registered. Both were heard together.
(2.) THE case of the prosecution is that in the intervening night of 13/06/2009 and 14/06/2009 the deceased Krishna Yadav, the son of the informant Yashoda Devi (PW -4) had slept on the roof of a primary schoolsituated at Tarudag Tola Dirhi alongwith Nagendra Kumar Parahiya (PW -1) and Arvind Parahiya (PW -2). The appellant Bangali Yadav came and cut Krishna Yadav by means of Tangi and fled away alongwith Gama Parahiya, Bhola Parahiya and Baldeo Parahiya, who were identified by the witness Nagendra Parahiya. On the next morning while the informant alongwith her husband was going to market, they were told by the son of Bali Yadav that their son has been killed. On hearing this, the informant returned home where her daughter Sabita Kumari told that Nagendra Parahiya had come and disclosed that the appellant Bangali Yadav has killed Krishna Yadav while he was sleeping alongwith him and Arvind (PW -2). On getting this information, she alongwith others came to the place of occurrence and found her son dead.
(3.) THERE the I.O. Kamlesh Paswan (PW -9), after getting information telephonically about the murder of Krishna Yadav, came to whom she gave her fardbeyan (Ext.4), upon which a formal FIR (Ext.3) was drawn and the case was instituted as Chhatarpur P.S. Case No. 69 of 2009 under Section 302/34 of the Indian Penal Code against the appellant and others. According to the informant PW -4 the appellant committed murder as there had been land dispute with the appellant. The I.O. having taken over the investigation, prepared inquest report and inspected the place of occurrence. After preparing dead body Chalan, the dead body was sent for Post Mortem examination, which was conducted by Dr. Bijay Kumar Singh (PW -5). After holding autopsy on 15/06/2009, the Doctor did find the following injuries: - "(i) Incised wound over left size of neck -size - 8 cm x 3 cm and bone deep cutting neck vessel and neck muscle. (ii) Incised wound left side of neck -size -6 cm x3 cm and bone deep cutting neck vessel and neck muscle and lower jaw bone. Both the injuries, according to the Doctor, were ante -mortem in nature and has been caused by sharp and heavy weapon. The death was caused due to haemorrhage and shock caused by the aforesaid injuries. ;