Per D.N. Patel. J.-The criminal appeal has been preferred by the appellant accused against the judgment and order of conviction and sentence passed by the Judicial Commissioner, Ranchi, dated 26th April, 2012 and 2nd May, 2012 respectively, in Sessions Trial No. 380 of 2011, vide which the present appellant has been convicted for the offence punishable under Section 302, IPC for committing murder of Khushboo Shahdeo and has been awarded death sentence. The death sentence has been referred to this Court under Section 366 of the Criminal Procedure Code for its confirmation by this Court under Section 368 of the Code of Criminal Procedure.

2. Factual matrix of the case are as under :

Prosecution case, in short is that on 27th April. 2011, at about 4.45 p.m. when deceased Khushboo Shahdeo came out of Room No. 41 of St. Xavier's College at Ranchi (capital city of the State of Jharkhand), the appellant accused suddenly rushed to her and beheaded her with three blows on her neck with a sharp cutting instrument-'bhujali, This incident was seen by a security guard (PW 1) of the college as well as Basantl Devi (PW 14), who is the grand mother of the deceased and informant of the case. It is also a case of the prosecution that immediately PW 1 and other guards started whistling so that the accused appellant, who was running away might be caught hold of. The college has a football ground where the students were playing. As PW 1 was chasing the appellant, he was also shouting so that the person (accused appellant) who was running might be caught hold of and ultimately few students who are PW 2, PW 4 and PW 5 caught hold of the appellant whose shirt and pant were bloodstained.

3. The police was called immediately. The police reached the spot and arrested the appellant accused. The weapon, which was a sharp cutting instrument was also lying beside the dead body in the corridor of first floor of the college. Necessary panchnamas, like Inquest panchnama and Seizure panchnama, were drawn. F.I.R. was lodged and the police after registering the case investigated the same and on completion thereof charge-sheet was filed. During investigation, several other items like identity card and bag of the accused etc. were also seized. Statements of several witnesses were recorded. After the charge-sheet was filed case was committed to The Court of Sessions where during the course of trial prosecution examined 23 witnesses. Detailed investigation, including the DNA test etc., have been brought on record by the prosecution witnesses.

4. On the basis of the evidence on record the learned trial Court has convicted the appellant accused for the offence punishable under Section 302 of IPC and awarded death sentence and has referred the matter to this Court under Section 366. Cr PC for confirmation of the death sentence by this Court under Section 368. Cr PC. Appellant accused has also preferred appeal (the present appeal) against the judgment and order of conviction and sentence passed by the learned trial Court.

5. We have heard both the cases together i.e. death reference as well as criminal appeal preferred by the appellant accused.

Submissions made by counsel for the appellant in Cr. Appeal No. 576 of 2012:

6. Counsel appearing for the appellant accused mainly submitted that the prosecution has not proved the offence of murder of the deceased beyond reasonable doubt. There are material contradictions omissions and improvements, which have not been properly appreciated by the learned trial Court and hence the judgment and order of conviction and sentence passed by the learned trial Court deserve to be set aside.

7. Counsel for the appellant has also read out meticulously the deposition of prosecution witnesses and pointed out that there was, in fact, no eye-witness to the whole incident and PWs 1 and 14 are not real but so called eye-witnesses.

8. It is further submitted by the counsel for the appellant that what is stated in the deposition of PW 14, it is m