STATE OF WEST BENGAL Vs. SAMBHU LOHAR

JUDGEMENT

(1.) In a sessions trial held before the learned Additional Sessions Judge, Suri, Birbhum, the accused Sambhu Lohar was found guilty of committing murder of two persons, Biswanath Bagdi and Mohan Das and causing disappearance of the evidence of murder and was convicted under section 302 /201 IPC. He was sentenced to death for his conviction under section 302 IPC and to suffer R.I. for 7 years and to pay a fine of Rs. 5,000/- and in default to suffer rigorous imprisonment for 6 months for his conviction under section 201 IPC. The Sessions Court referred the proceeding of the trial to this Court for confirmation of death sentence, whereupon the Death Reference No. 1 of 2011 was registered and the said order of conviction and sentence being challenged by the appellant, same gave rise to the Criminal Appeal No. 480 of 2011.

(2.) Both the aforesaid Death Reference and the Criminal Appeal are taken up for hearing together and are disposed of by this common judgement.

(3.) The case of the prosecution in brief runs as follows: