1. Both these Cr. Appeals as well as Death Reference were heard by the Division Bench of this Court which pronounced separate judgment on 17.07.2025. There was difference of opinion between the learned Judges hearing the Appeals. Justice Rangon Mukhopadhyay, was of the opinion that the charge against the appellants had not been proved beyond the shadow of all reasonable and probable doubt, therefore appellants were entitled to acquittal, whereas Justice Sanjay Prasad held that appellants guilty of the offences charged and confirmed the death sentence.

2. In view of the aforesaid difference of judicial opinion, this appeal has been laid before this Court under Section 392 of the Cr.P.C under the orders of the Hon'ble the Chief Justice.

3. Appellant, Sanatan Baski @ Sahdeo Rai @ Tala Da has been convicted and sentenced by learned trial Court in S.T. No.31 of 2014, whereas appellant- Sukhlal @ Prabir Murmu @ Pravir Da @ Pravil Da @ Harendra Da has been convicted and sentenced by learned trial Court in S.T. No.16 of 2015 for the offences under Sections 148 , 302 read with Sections 149, 120B, 109, 396, 307, 333, 353, 427 of IPC and Section 27 of Arms Act as well as under Section 17 of CLA Act .

4. Both the appellants have been sentenced to death by the learned trial Court for the offence under Section 302 and 396 of IPC.

5. Self-statement of S.I, Ashok Kumar, Officer-in-charge of Kathikund Police Station recorded on 02.07.2013 at 16:10 hours is the basis of the formal FIR of the case.

PROSECUTION CASE

6. Briefly stated Superintendent of Police, Pakur (namely, Amarjit Balihar) on his way from Dumka to Pakur along with armed escort party were ambushed by extremists in forest area. In the intense firing that followed from the extremists the Superintendent of Police and five other Police personnel were mortally wounded and fell in their line of duty. Five died on spot and one died while being shifted for treatment to the hospital. Two other police personnels (PWs-12 &30) and driver (PW-31) of the Scorpio sustained grievous injury, but survived. Reinforcement was rushed from the nearby police stations to the place of occurrence, which rescued the injured police personnels.

7. As per FIR, Informant (PW-20) received information on his mobile on the same day at 14:28 hours that there was an ongoing firing near Jamni crusher plant in the forest area. Informant rushed to the place of occurrence along with the Police party which was situated in the District of Dumka in between Jamni and Amtala Villages. When he reached the place of occurrence, he saw that a Bolero vehicle without any Registration Number and another white Scorpio vehicle were standing at a distance of 20-25 metres from each other. He approached the vehicle and found that both the vehicles were riddled with bullet marks and the glass of the window pane was smashed.

The dead bodies of police personnels were lying there.

8. It was also found that 04 INSAS and 02 AK-47 rifles, cartridges and mobiles were looted in the said incidence. Police party seized empty shells fired from SLR and AK-47 rifles, 303 rifles apart from the empty emission received. The other articles were also seized from the place of occurrence like black shoe, piece of plastic slipper, a hat of pinto colour and seizure list was drawn.

9. On the basis of self-statement of Ashok Kumar, Officer-in-Charge, Kathikund P.S. Case No.55 of 2013 was registered on 02.07.2013 at 22:00 hours under Sections 427 , 379, 147, 148, 149, 326, 307, 302 of IPC. Later on, Sections 332, 333, 353, 396, 120B of IPC were added apar