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Two different appeals were filed for death references in Jharkhand High Court which was in connection with criminal appeals which arose out of impugned judgement of convictions. One was dated back on 30 September 2013 passed by learned additional session Judge VI-cum-Special F.T.C. Dhanbad whereby the sole accused has been found guilty and convicted for the offence under section 376 and 302 of Indian Penal Code. The appellant has been awarded capital punishment of death for the offence under section 302 of the Indian Penal Code with the fine of 20,000/- directing him to be hanged by the neck, till he is dead along with rigorous imprisonment for 10 years with the fine of 50,000/- under section 376 of the Indian Penal Code which was directed to be paid to girl’s family when it is released. Facts which followed were prosecution case was made on information by Bikash Mandal (the brother of the deceased). This witness has stated that the occurrence had taken place on 03.11.2007. Victim was about 14 years, had gone to take bath in the pond. She was later on raped and murdered by Kallu Singh who was seen assaulting victim by stone on her head and also defacing her face.After commitment of the case to the Court of Session, charge was framed against the sole accused, Kashi Nath Singh @ Kallu Singh, for the offences under Sections 376 and 302 of the Indian Penal Code, and upon the accused's pleading not guilty and claiming to be tried, he was put to trial. In course of trial, 21 witnesses were examined by the prosecution. Other appeal was being against the Judgment of conviction dated 08th April, 2016 and Order of sentence dated 12th April, 2016, passed by the learned Additional Sessions Judge-V, Giridih, in S.T Case No.273 of 2011, whereby, the accused, Mathura Yadav has been found guilty and convicted for the offences under Sections 302, 376 and 201 of the Indian Penal Code, whereas, the accused Bhikhari Mahto has been found guilty for the offence under Section 201 of the Indian Penal Code. Upon hearing on the point of sentence, the appellant Mathura Yadav has been sentenced to the capital punishment of death, for the offence under Section 302 of the Indian Penal Codedirecting him to be hanged by neck till he is dead. He is also sentenced to undergo R.I. for life for the offence under Section 376 of the Indian Penal Code, and R.I. for two years for the offence under Section 201 of the Indian Penal Code, whereas the appellant Bhikhari Mahto has been sentenced to undergo R.I. for two years with fine of Rs.5,000/- for the offence under Section 201 of the Indian Penal Code. As the accused Mathura Yadav is sentenced to death, the reference has been made to this Court, for confirmation of the death sentence. Presently, the Jharkhand High Court on 25th March 2019, commuted death penalty awarded to accused in two different rape and murder cases. One was in the case of Mathura Yadav who was convicted for rape and murder of a girl aged about seven year old. Another was Kashi NathSingh( Kallu) convicted for rape and murder of a fourteen year old girl. The bench comprising Justice HC Mishra and Justice Ratnaker Bhengra delivered the judgment in both the cases affirming the conviction orders of the Trial Court.The bench, in both the cases, took reliance on few recent judgments of the Supreme Court commuting death sentence awarded to accused who was convicted for rape and murder of a three-year-old.The court, however, directed that the life sentence awarded to these accused shall be for the whole of his biological life, without any benefit of remission, another view was taken from very recent judgment of the Apex court in Sachin Kumar Singhraha Vs. State of M.P., commuting death sentence awarded to a man convicted for rape and murder of a five year old girl. In these two cases also the court talked about the probability of reformation, rehabilitation and social re-integration of the appellant into the society, and the appellant here in also without any criminal history, cannot be ruled out, the bench said while commuting the death sentence in both the cases. In Kashi Nath's case, the court also took note of his young age.
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