STATE OF JHARKHAND Vs. ARJUN MAHTO

JUDGEMENT

(1.) THIS appeal is directed against the judgment of conviction dated 14.3.2011 and order of sentence date 17.03.2011 passed by Additional Sessions Judge, Fast Track Court -II, Giridih in Sessions Trial No. 357 of 2001 whereby and whereunder he convicted the appellant under Sections 302/34, 436 of the I.P.C. and sentenced him to undergo R.I. for seven years for the offence under Section 436 of the I.P.C. and also awarded death penalty against him for the offence under Section 302 of the I.P.C.

(2.) LEARNED Additional Sessions Judge, F.T.C. -II Giridih made reference under Section 366 of the Cr. P.C. for confirmation of death reference.

(3.) IT appears that on the basis of aforesaid information police instituted Birni P.S. case No. 34 of 1999 dated 16.04.99 under Sections 436/302/34/120(B) of the I.P.C. and took up investigation. It appears that during investigation police prepared inquest reports of two deceased and send the dead -body for post -mortem examination. It further appears that during investigation police arrested the appellant and after completing investigation police submitted charge -sheet against him under Sections 302/34, 436 and 120(B) of the I.P.C. It further appears that learned Chief Judicial Magistrate Giridih took cognizance of the offences and then committed the case to the Court of Session as the offences under Sections 302/34 and 436 of the I.P.C. are exclusively triable by a Court of Session. It further appears that after commitment charge framed against the appellant under Sections 302/34, 436 and 120(B) of the LP.C. Said charges explained to the appellant to which he pleaded not guilty and claimed to be tried.