STATE Vs. RAMDEO PRASAD

JUDGEMENT

(1.) THE solitary convict Ramdeo Prasad was tried by the Ist Additional Sessions Judge, Siwan, in Sessions Trial No. 417 of 2006 for the charges under Sections 376 and 302 of the Indian Penal Code. By the judgment of conviction dated 6th of September, 2008, the respondent was held guilty of committing the two offences and was sentenced to death by order dated 9th of September, 2008 and, as such, the present Death Reference under Section 366 of the Code of Criminal Procedure for confirmation of the order of sentence passed by the learned Judge.

(2.) THE respondent has not preferred an appeal, understandably because he could challenge the findings upon which the orders of conviction and sentence are based as if he had preferred an appeal. Finding that the respondent is under sentence of death, the Court requested Shri Ashwani Kumar Singh, Senior Advocate of the Court, to assist it in hearing and disposing of the present Death Reference, as may appear from order dated 19.8.2009 passed by this Court.

(3.) ON the basis of Ext.4, the police registered the F.I.R. and P.W.4 S.I. Mahboob Alam Khan took up the investigation of the case. P.W.4 inspected the placed of occurrence and recorded the further statement of the informant besides taking the statements of other witnesses, like, P.W.3 Rukhsana Khatoon, P.W.1 Nasir Mian and others. The fardbeyan (Ext.4) of the informant was recorded in the hospital while the child was being treated there and P.W.4 learnt on 22.12.2004 that the child died. As such, he prepared inquest report and sent the dead body for post -mortem examination. The police submitted chargesheet sending up the present respondent for trial. It is how the respondent was tried and was directed to be hanged by his neck till he was dead.