STATE OF URTARAKHAND Vs. TOTA RAM

JUDGEMENT

(1.) THIS reference has been made under Sec­tion 366 of the Code of Criminal Proce­dure, 1973 (for short Cr.P.C.), by the Ses­sions Judge, Champawat, for affirmation of the sentence of death awarded by said court against the convict/appellant Tota Ram under Section 302 of the Indian Pe­nal Code, 1860 (for short I.P.C.). Convict/appellant Tota Ram has been further convicted under Section 376 of I.P.C., and sentenced to rigorous imprisonment for period of ten years, and also directed to pay fine of ' 5,000/- vide impugned judgment and order dated 22.08.2009, passed by Sessions Judge, Champawat, in Sessions Trial No. 12 of 2006. Against said order, appeal has also been filed by the convict.

(2.) HEARD learned counsel for the par­ties and perused the lower court record.

(3.) P .W. 1 Amzad Hussain (inform­ant) has stated that on 10.05 2006, he heard talking people that a dead body of a female child is lying near railway line behind Jat Farm. He further stated that he along with Atik-ur-Rehman, Abid (P.W.3), Shahid and others went to the spot and saw the dead body of a female child. He has described that there was bleeding from the private parts of the girl. The witness further states that he got scribed the re­port (Ext. A -1) through Atik-ur-Rehman, and gave it to the police. He further states that thereafter police took the dead body in their possession, and prepared inquest report (Ext. A -2).