JUDGMENT :

Raghubir Dash, J.

1. Both the matters, i.e., the Death Sentence Reference and the Jail Criminal Appeal, arise out of the judgment dated 3.8.2015 passed by the learned Sessions Judge, Jajpur in C.T. No. 101 of 2010 arising out of G.R. Case No. 136 of 2010 in the file of J.M.F.C., Jajpur Road. The sole convict in the said C.T. Case has been found guilty of kidnapping the deceased (a minor) and killing him for the sake of giving human sacrifice, besides causing disappearance of evidence of commission of the offence of murder. He has been sentenced to death for the offence under Section 302 I.P.C. No separate sentence is passed for other offences. Learned Sessions Judge has submitted the case record for confirmation of the Death Sentence. On the other hand, the accused/convict, being aggrieved, has preferred the Jail Criminal Appeal challenging the order of conviction and sentence.

2. The F.I.R. story is that on 11.2.2010 night at about 2.00 A.M. the informant's eight year old son, namely, Srikanta Bage (the deceased) went missing from a place near Matha Chhak where one Opera show was in progress. To that effect a report was made in Sukinda Police Station. The informant was in search of his son but did not get any clue to trace him out. On 17.2.2010 at about 3.00 P.M. one Lingaraj Munda of village Ichhapur met the informant in Mangalpur Hat and told that he could show the informant his missing son. Thereafter, both of them proceeded to one 'Nala' near village Ichhapur. Near that 'Nala' there was a heap of earth which was pointed out by said Lingaraj telling the informant that his son would be available under the heap of earth. The informant dug out earth and at last found one bag buried under the earth. The headless dead body of informant's son, with his hands and feet tied, was found in the bag. Thereafter, the informant lodged F.I.R. in Sukinda Police Station.

In course of investigation, the prosecution could unearth more facts which are narrated hereunder:

"On 11.2.2010 one Opera was being staged near Matha Chhaka. The informant, his wife and their deceased son went to see the Opera. At about midnight the deceased went missing. The convict, a Tantrik, who was loitering near the place of Opera happened to locate the deceased. Offering him chocolate, the convict took the deceased to his Matha at village Ichhapur. After performing rituals before the deity the convict made the child lie on the ground in front of his deity and sat on the child's chest. At that time the child cried loudly. Hearing the cry of a child at such odd hour, three persons, namely, Jitan (P.W. 4), Jaga @ Jagannath (P.W. 8) and Jatia (not examined as a witness) rushed to the Matha. They saw that the convict, who was sitting on the chest of the child, had gagged the child with the help of his left palm and slit the child's neck by means of a knife. Another person, namely, Suru Pruty (not examined as a witness), who was sleeping in her house which is very close to the Matha, heard the cry of a child and out of curiosity came out and happened to see the child being sacrificed. The convict happened to see the eye witnesses and asked them not to disclose before others what they saw in the Matha. Jatia and Jiten could escape but Jaga, being overawed by the convict, was obliged to follow certain instructions given by the convict. Jaga followed the convict upto the latter's dwelling house wherefrom they came back to the Matha with one crowbar and a spade. The convict dug a hole inside the Matha. He kept the severed head of the child inside an earthen pot and, putting it in the hole, covered it up. Thereafter, keeping the headless body in a polythene bag, the convict carried it upto a 'Nala' being accompanied by Jaga and at the 'Nala' the headless dead body was buried under the earth. Later on, Jatia divulged to his mother everything that had taken place at the Matha in that fateful night. His mother disclosed that fact to one Sabitri who, in turn, informed her h