KASHI NATH PANDEY,J. - (1.) THIS ap­peal has been filed against judgment and order dated 21.5.2008 passed by Additional Sessions Judge (F.T.C.) Court No. 1, Bulandshahr in Session Trial No. 1229 of 2002 (State v. Ganga Sahai) case crime No. 113 of 2002 under sections 302, 376(2) and 201 IPC, P.S. B.B Nagar, District Bulandshahr, By the impugned order the appellant was convicted and sentenced to death under section 302 IPC and Rs. 10,000/- fine, sen­tenced to life imprisonment and Rs. 5000/-fine under sections 376(2) (Ch) and sen­tenced to 7 years imprisonment and Rs. 5000/- as fine under section 201 IPC. In default of payment of fine he has to serve out additional sentence of six months un­der section 376 IPC, additional sentence of six months under section 201 IPC and sen­tence under sections 376(2) (Ch) and 201 IPC shall run concurrently.
(2.) ACCORDING to the FIR as lodged by Jagveer Singh son of Chhanga Singh to po­lice station B.B. Nagar, Bulandshahr, in­formant's daughter Santosh aged 8 years was missing from 3.00 p.m. in the evening on 25.5.2002. On 27.5.2002 her dead body was found in sugar cane crop of Channi at Kuchesar, Her neck was tied by her own shirt. The case was registered at crime No. 113 of 2002 under sections 302/201 IPC against unknown person. Exhibit ka-1 is written report, Ex­hibit ka-7 is chick FIR, Exhibit ka-8 is car­bon copy of G.D. Report No. 10 9.15 AM 27.5.2002 under sections 302/201 IPC, Ex­hibit ka-3 is recovery memo of torned Kachchha of Santosh recovered from the place of occurrence. There were blood spot on it. Exhibit ka-4 is recovery' memo of kurta, paijama, underwear of Gangoo @ Ganga Sahai son of Harkesh Singh on which there were blood and sperm spot, kept in seal cover. Exhibit ka-9 is inquest report. Exhibit Ka-10 is photo Losh, Exhibit Ka-11 police paper-13, Exhibit ka-12 letter to R.I., Exhibit ka-13 letter to C.M.O. Ex­hibit ka-14 is post-mortem report. Exhibit ka-15 is report of Joint Director, Forensic Science Laboratory, U.P. Agra to whom shirt and underwear of deceased Santosh, and kurta, paijama and underwear of ac­cused, Ganga Sahai were sent for report on point of spots. After investigation charge-sheet has been submitted against Ganga Sahai @ Gangoo which is Exhibit ka-6. The case was committed to the Court of Session under sections 302, 201 and 376 IPC. The accused was charged. Charges read over and explained to him, he pleaded not guilty and claimed to be tried.
(3.) PROSECUTION has examined P.W.1 Smt. Khiniya wife of late Chhanga, grand mother of the deceased Santosh. P.W.2 Jagveer Singh son of Chhanga Singh, father of the deceased Santosh, P.W.3 Mahendra Pal Singh Rana. I.O. P.W.4 Rajendra Singh son of Nand Ram, P.W.5 Roop Singh son of Summera on point of extra-judicial confes­sion, P.W.6 S.I. Mahipal Singh the then Head Constable Clerk on point of chick FIR, P.W.7 S.I. Ram Gopal Singh on point of inquest report and other police papers Exhibit ka-10 to Exhibit ka-13 for the post­mortem of the dead body and P.W.8 Dr. M.M. Agarwal on point of post-mortem report.;