(1.) This appeal is directed against a judgment of conviction and sentence dated 19.3.2005 passed by the Additional Sessions Judge, Mansa awarding death penalty to Appellant under Sections 376 and 302 of the Indian Penal Code and affirmed by the High Court of Punjab and Haryana at Chandigarh in Reference No. 4/2005 and Criminal Appeal No. 284 (DB) of 2005 by a judgment and order dated 3.8.2005.
(2.) The prosecution case is as under : On 3.11.2003 in the evening, the deceased Raj Preet Kaur @ Guddi, who is a student of IInd Standard has gone to the house of her classmate Amarpreet Kaur, daughter of Gurbax Singh, a cousin of the complainant. The house of the said Gurbax Singh was situated in the revenue estate of Ramgarh, Village Shahpuria. At about 5.00 p.m., the deceased allegedly left the house of Gurbax Singh for her own house. She was accompanied to some extent by Amanpreet. When she crossed pakka water house, Amarpreet left her on her own. When the deceased did not reach her house, search was carried on. Some persons then found her dead body in the agricultural field belonging to Appellant situated in front of his house. The dead body was found near a Neem tree and some cotton crop were found near the dead body. Some dry leaves were found in her hair. In her hand some streads of human hair were also noticed. It was fully smeared with blood. The father of the deceased on seeing the dead body called his brother Baldev Singh and leaving him at the spot, started for the police station to inform the police and to lodge a report. He met PW-8 S.I. Joginder Singh at the bus stand of Village Maghania on 4.11.2003. His statement was recorded, on the basis of which a formal First Information Report was lodged. The Investigating Officer prepared an inquest report. It was found that in the hands of the deceased some human hair was also found. A post mortem examination was conducted by PW-1 Dr. Reshamchand Singh.
(3.) PW-2 disclosed that he had seen the deceased in the company of Appellant at about 5.45 p.m. He was in his agricultural field and he came to know about the incident only at about 8.00 a.m. on the next day. Appellant was arrested on 12.11.2003 at a bus stop of Village Sher Khan before PW-8 Joginder Singh. He was produced before the Investigating Officer by Shri Karamjeet Singh, Panch. An application was filed by the Investigating Officer in the Court of Judicial Magistrate for obtaining specimen of the hair of Appellant but he refused to give any such specimen of hair. He made a statement before the Court which was recorded. It was marked as Exhibit PO/I.