- (1.)The Criminal Appeal filed under Sec. 374(2) of Criminal Procedure Code (Cr.P.C.) and Reference impugns the judgment dtd. 27/11/2019 passed in S.T. No. 1500086/2014 whereby the learned IIIrd Additional Sessions Judge, Singrouli found the appellant as guilty for committing offence under Ss. 302 and 201 of IPC and imposed death sentence and sentence of 5 years respectively with fine, with default stipulation. Case of Prosecution
(2.)The prosecution case, in short, is that on 29/4/2014, the complainant Ramshiroman Bind son of Udgan Bind filed a missing persons report and informed the police that his father Udgan Bind and mother Shanti Bind are not traceable. On 30/4/2014, the dead bodies of both the said persons were found in a well which as per prosecution story, owned by and belongs to the appellant. A Dehati Nalisi merg was registered. The statement of witnesses were recorded. The spot was inspected. After completion of formalities of post mortem etc., both the dead bodies were handed-over to family members for cremation. During the investigation, the prosecution found that because of enmity, the appellant murdered both the persons and thrown their bodies in the said well. As per the appellant's memorandum, a weapon namely 'axe ' was recovered. After completion of investigation, charge-sheet was filed in the Court of Judicial Magistrate First Class from where it was committed to the Court of Additional Sessions Judge on 28/6/2014.
(3.)The appellant abjured his guilt and pleaded innocence. The Court below framed four questions (i) Whether death of Udgan Bind and Shanti Bind @ Santo Bind is homicidal in nature ? (ii) Whether appellant has committed murder of said two persons ? (iii) Whether the appellant in order to hide the bodies of the said two persons, thrown the bodies in the well ? (iv) conviction and sentence?