The prosecution case centered round extra judicial companyfession made by accused before large number of persons, recovery of dead body at the behest of the accused appellant and evidence of a witness who saw the accused carrying a bag on a bicycle which was thrown to a pond and after throwing the bag to the pond the accused returning by bicycle.
The severed head was recovered from the bag thrown to the pond.
All the three accused persons were tried for offences punishable under Sections 302 and 201 of the Indian Penal Code, 1860 for short the IPC .
The appellant was found guilty for both the accusations and was sentenced to death for the former and 7 years rigorous imprisonment for the latter.
In the evening of that day he found his son Chirku Besra hereinafter referred to as the deceased missing from house.
It was held that the murder was gruesome and death sentence was most appropriate sentence.
Against the said judgment the present appeal has been filed.
11th December, 1996 turned out to be a heart breaking day for Somlal Besra PW 2 .
Two other persons, his wife and mother were also said to be parties to the gruesome killing.
Reference was made by the trial Judge i.e. the First Additional Sessions Judge, Jamtara for companyfirmation of death sentence under Section 366 of the Code of Criminal Procedure, 1973 in short the Code by the Jharkhand High Court which by the impugned judgment upheld both the companyvictions and sentence.
Information surfaced that he was sacrificed before Goddess Kali by the appellant.
Information was given to police, investigation was undertaken.
Benefit of doubt was, however, given to the companyaccused and they were acquitted.
While granting leave, by order dated 4.8.2003 scope of appeal was limited to the question of sentence.
He searched for him making inquiries from various persons.
