- (1.) THIS Criminal Appeal as also the Death Reference arising out of the same case, were heard together and are being disposed of by the common order. This appeal is directed against the judgment of conviction dated 5 -2 -2014 and order of sentence dated 6 -2 -2014, passed by Sessions Judge, Dhanbad in S.T. No. 119 of 2013, whereby and whereunder, the appellant -Rajiv Kumar Singh on being found guilty for committing murder of a four year old child and was convicted for the offence punishable under Section 302 of Indian Penal Code and was sentenced to death and to pay a fine of Rs. 10,000/ -, subject to its confirmation by the High Court.
(2.) THE case of the prosecution is that the informant -Neoti Devi (P.W. 1) was residing in one of the rooms as tenant in the house belonging of Sankar Mandal at Mohalla -Kola Kusma. In other rooms, other tenants were residing. On 26 -10 -2012 at about 9:30 p.m. while the informant was sitting in her room and her two sons were sleeping there, the appellant suddenly entered into the room of the informant and pounced upon her but she having managed to come out of his clutches came rushing out of the room by raising alarm. Whereupon the appellant our of anger inflicted several injuries over the head and neck of the informant's elder son namely, Abhijit Karmkar, aged about 4 years with 'Fasuli' (a sickle meant for cutting vegetable). On seeing this, when the informant raised alam, the appellant ran away from there and her two and half year old son could be saved from being killed by the appellant. On getting information, Shakar Kamti -P.W. 5, Sub -Inspector of Police, came to the house of Shankar Mandal, where he recorded fard beyan (Ext. 1) of the informant - P.W. 1 at about 10:45 p.m., upon which a formal FIR (Ext. 6) was drawn against the appellant.
(3.) SHAKAR Kamti - P.W. 5, Sub Inspector of Police, took up the investigation during which, he seized blood from the place of occurrence under a seizure list (Ext. 12). On the next day, Investigating Officer arrested the appellant who made confessional statement before him. The confession made by the appellant led to recovery of jeans pant and shirt of the appellant from his room, which was seized under Seizure List (Ext. 7). On the same day, on the basis of the confession 'fasuli' used in the crime, and also blood stained shirt of the deceased was recovered from behind a bush which was seized under Ext. 8. Those aforesaid materials, seized by the Investigating Officer, were sent to the Central Forensic Science Laboratory (CFSL), Kolkata for its examination. Meanwhile, Investigating Officer held inquest on the dead -body of the deceased -Abhijit Karmkar and prepared an inquest report, photocopy of which has been adduced in evidence as Ext. 4. Thereupon, the Investigating Officer after preparing the dead -body challan, sent the dead -body for post -mortem examination which was conducted by Dr. Swapan Kumar Sarak -P.W. 2 on 27 -10 -2012. Upon holding autopsy on the dead -body of the deceased, he found following ante -mortem external injuries over the person of the deceased: - - 1. Incised wound: i. 2 1/2" x 1/4" trachea deep over middle of front of neck transversely, ii. 2" x 1/4" bone deep over right side of forehead to bridge of nose longitudinally, iii. 1 1/2" x 1/2" bone deep over middle of forehead, iv. 1 1/2" x 1/4" bone deep over left side of forehead longitudinally, v. 1 1/2" x 1/4" scalp deep longitudinally over left side of fronto parietal region of head, vi. 1" x 1/4" bone deep over left parietal region of head, vii. 1" x 1/4" scalp deep over right fronto parietal region of head, viii. 3" x 1/4" muscle deep over right frontal to zygomatic region of head, ix. 1" x 1/4" muscle deep over right zygoma, x. 3/4" x 1/4" muscle deep over left zygoma, xi. 1" x 1/4" gum deep longitudinally over middle of both lips with absence (separation) of left upper incisor tooth and found absent. Upon dissection: Echymosis with blood clot was found beneath scalp over front parietal region of both sides of head. Sharp linear fracture 1" long found beneath external injury No. ii, iii, iv and v. Meninges intact and brain found pale. The above linear fracture found only involving with the outer table of skull. All soft tissues muscles, vessels and trachea beneath the external injury No. 1 found cleanly cut and full of blood clots. Both lungs pale and both ventricles of heart found empty. Stomach contained 500cc of partially digested pasty food. Urinary bladder found empty and all other internal organs found severely pale.;