S.K.AGARWAL, J. - (1.) THIS appellant was convicted under Section 302, I.P.C. and sentenced to death by learned IV Additional Sessions Judge, Shahjahanpur, Sri C.N. Misra, vide his judgment and order dated 31-8-2000. He had also forwarded a reference No. 1 of 2001. The appellant has submitted his appeal from jail. The appeal was filed beyond 281 days. It was sent through the jail authorities on 14-9-2000. It was admitted on 21-7-2001 after the dealy was condoned.
(2.) SRI A.B.L. Gour was appointed as amicus curie for the appellant on 28-1-2002 The brief facts of the case are that a young girl, Km. Monu alias Meenakshi daughter of the informant, Hari Shanker Sharma, aged about 10 years, went for the repair of her wristwatch to the market at about 4.00 p.m. on 8-11-1995. When she did not return for a considerable length of time, the family members being anxious set out in her search. Till 9.00 p.m. they could not get any whereabouts of her so a report (Dariaft hall) was lodged by PW 1, the father of the girl, at P.S. Kotwali, at about 9.30 p.m. on 8-11-1995 itself. The appellants and other members of the locality continued their search for her for the whole night and the next morning. In the process they came across a gunny bag, with a hand peeping out of it, in a Nala near the house of Deleep Kumar during noon. When the informant opened the gunny bag, it was found to contain the dead body of his daughter, Km. Monu alias Meenakshi in a naked state. It bore marks of sharpened weapon on her neck.
(3.) AFTER examining the body he prepared his report and took it to the police station. It was handed over by him there and a check report was prepared on its basis by PW 10 Head Moharir Kamal Kishore. This report is Ext. Ka-1. After formalities of the registration of the case were complete PW 11 S.I. Brij Mohan commenced its investigation. He visited the spot, took out the dead body from the Nala and prepared a memo of inquest. He had also conducted a search of the house of the accused in his absence and recovery of a pair of Hawai Chappal and a wristwatch belonging to the deceased girl was made from the house of the appellant in the presence of witnesses Devendra Kumar and Vimal Kishore Dixit. The recovery memos of these articles are Exts. Ka-2 and Ka-3. The wristwatch is material Ext. 1. And the pair of Chappal is Ext. 2. Bloodstained earth and simple earth was also taken from the floor of the room and sealed in separate containers. It was sent for chemical examination to the Serologist, whose report shows that it contained human blood. The report of the Serologist is Ext. K-15 on record.;