Shrivastava, J. -- 1. The learned Second Additional Sessions Judge, Shahdol has referred this death reference under section 366(1) of the Code of Criminal Procedure (hereinafter referred to as 'the Code'), is heard along with Criminal Appeal No. 699 of 2004 filed by appellant Ramesh Kumar against his conviction and order of sentence of death under section 302 of Indian Penal Code (for brevity 'the IPC') passed by learned trial Judge vide impugned judgment dated 8th April, 2004 passed in Sessions Trial No. 160 of 1999. The accused-appellant has also challenged his conviction under section 364 and 201 IPC.

2. In brief the case of prosecution is that on 5.1.1999 Amit Kumar (hereinafter referred to as 'the deceased') went to market to purchase some articles of household, but when he did not turn up, a missing report was lodged at Police Chowki, Rajnagar. It is said that on 14.1.1999 in the dawn hours, one Sindhi s/o Beershah Kol went to discharge excreta nearby the nala situated near cremation ground, at some distance he found dogs were quarrelling and one dog was eating the humal skul1. Thereafter, he went to that place and found that some human bones were lying here and there