A.B.SRIVASTAVA, J. - (1.) Against his conviction and sentence of death for offence under S. 302, I.P.C. and imprisonment for life for the offence under S. 376, I.P.C. awarded by the IVth Addl. District and Sessions Judge, Aligarh vide judgement dated 7-7-1992, the accused Vinod has preferred this appeal. The usual reference for confirmation of the death sentence has been made by the learned trial Court.
(2.) The accused appellant, Gopal, the victim deceased Km. Renu, the first informant and the prosecution witnesses of this case are all residents of Mohalla Ghanshyampuri in the city of Aligarh. Shiv Temple in which the incident in question is alleged to have taken place is also situated in the same locality Ghanshyampuri and the houses of the informant, witnesses as well as the accused appellant are situated in the vicinity of the said temple. Towards south of the temple is situated Nehru Park, in a portion of which there are three stalls in one of which accused Vinod has his tea shop. Towards north of the temple there is a public passage and east a lane known as 'Mandir Wali Gali'. The sanctum sanctorum of the temple faces north. There are two gates, one opening in the passage towards north and the other opening towards east in eastern Verandah of the temple. Towards east of the Verandah is a Chabutara and a well. The said 'Chabutara adjoins the eastern lane. Towards east, south and west of the sanctum sanctorum, there is Parikrama of the temple about one step 222 1/2 feet) wide.
(3.) The victim Km. Renu aged about 11- 12 years was the granddaughter of informant Dulari Devi (P.W. 1). The parents of Km. Renu had died a few years ago leaving Renu and her younger brother Gopal. Both Renu and Gopal were thus, living under the care and guardianship of their grandmother Dulari Devi.;