(1.) The Hang Man's Noose sought to be fixed on the frail neck of the Condemned/Appellant on account of his conviction and sentence of DEATH in Sessions Trial No. 20 of 2001/- Sessions Case No. 57 of 2000 passed by Shri Mahadeb Ghosh, Learned Additional Sessions Judge, Burdwan on June 16, 2001, has promoted him (Condemned/Appellant) to prefer this Appeal under Section 374(2) of the Code of Criminal Procedure (here-in-after referred to as 'the said Code'). Death Reference No.1 of 2001 as a necessary corollary follows suit under Section 366 of the said Code.
(2.) Sojourn to the Death Cell of the Condemned/Appellant can be traced back to some gory details which is illustrated in the Charges framed by the learned Trial Court against him and others (since acquitted) which read as follows :
(3.) Since the accused pleaded not guilty, they were put on Trial. In order to prove its case the Prosecution examined as may as II witness; while none was cited on behalf of the Defence which was a case of simple denial.