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2019 Supreme(Jhk) 423

H.C.MISHRA, RATNAKER BHENGRA
State of Jharkhand – Appellant
Versus
Mathura Yadav – Respondent


Advocate Appeared:
For the Appellants :M/s. Pandey A.N. Roy, Arwind Kumar, Ashok Kumar Singh, Arti Roy, Advocates.
For the State : Mr. Pankaj Kumar, A.P.P

JUDGMENT :

H.C. MISHRA, J.

1. Heard learned counsel for the appellants, including the convict Mathura Yadav, facing the death sentence, and learned counsel for the State, in the death reference, as also the appeal filed by the appellants.

2. This death reference and the connected Criminal Appeal arise out of the impugned 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 Code, directing 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

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