(1.) Criminal Confirmation Case No.2 of 2005 arises pursuant to submission of the proceedings of Sessions Case No.71 of 2003 made under Section 366 (1) of the Code of Criminal Procedure ('the Code' for short) by the learned Additional, Sessions Judge, 4th Fast Track Court, Surat, who by his judgment and order dated 15.2.2005, has sentenced respondent - Bhagavan Handu Behara ('the accused' for short) to death for commission of offence punishable under Section 302 of the Indian Penal Code (IPC' for short) whereas Criminal Appeal No.421 of 2005 filed under Section 374 (2) of the Code by the accused from the jail is also directed against the judgment and order dated 15 2.2005 rendered by the learned Additional Sessions Judge, 4th Fast Track Court, Surat in Sessions Case No.71 of 2003 by which the appellant/accused is convicted for the offence punishable under Section 302 of the IPC and sentenced to death.
(2.) As Criminal Confirmation Case and Criminal Appeal arise out of the judgment and order dated 15.2.2006 rendered in Sessions Case No.71 of 2003 by the learned Additional Sessions Judge, 4th Fast Track Court, Surat, this Court proposes to hear the reference for confirmation of sentence of death and the appeal preferred by the accused together and to deal with the merits of the case against the accused in the light of all the material questions of law as well as facts, and to adjudicate upon the guilt of the accused and appropriateness of sentence of death by this common judgment.
(3.) The facts emerging from the record of the case, more particularly, as disclosed in FIR and unfolded during trial are as under:
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