IMTIYAZ MURTAZA,J. - (1.) THIS appeal has been filed against the judgment and order dated 1 -10 -2004 passed by Addl. Sessions/Special Judge, J.P. Nagar in Session Trial No. 59 of 2001 whereby the appellant is convicted under Section 302 IPC and sentenced to death and further convicted under Section 376 IPC and sentenced to imprisonment for life and a fine of Rs. 10,000/ - and in default of payment of fine further imprisonment for six months. The appellant is further convicted under Section 201 IPC and sentenced to undergo RI for 7 years.
(2.) CRIMINAL Reference No. 18 is for the confirmation of death sentence. The brief facts of the case mentioned in the report lodged by Sukhiram are that on 10 -3 -2001 his daughter, Neeraj, aged about 10 years alongwith her younger sister Shanti was preparing Khichri. At about 7 p.m. Neeraj asked her sister Shanti to accompany her for urination but she refused to go alongwith her. Neeraj went alone but till 10 p.m. she did not return. He asked his daughter Shanti about Neeraj and she told him that she had gone for urination but she did not return and Vinod son of Badloo Singh Jatav had followed her. He started searching Neeraj and her dead -body was recovered in the field of Harbansha. There were injuries on her body and on private parts also and she was not wearing he underwear. One Hawai Chhappal was lying about 20 -25 steps away from the dead -body. The report was registered at the police station Nauganwa Sadat on 11 -3 -2001 at about 3.05 a.m.
(3.) AFTER the registration of the report R.K. Saini SI started investigation. He recorded the statement of the informant and witnesses and inspected the place of occurrence and prepared the inquest memo, which is Ext. Ka -4. The site plan is Ext. Ka -3. He also prepared the recovery memo of Shawl, underwear and the leaves of sugar cane which is Ext. Ka -5. He also collected the plain and blood stained earth and prepared its recovery memo (Ext. Ka -6). On 13 -3 -2001 he arrested accused Vinod and he made a confession of his guilt. On his pointing out an underwear was recovered and he prepared recovery memo and the site plan of the place of recovery of underwear (Ext. Ka -7 and 8). After conclusion of the investigation he submitted the charge -sheet against the accused.;