IN RE RAJKUMAR BHAGAT Vs. STATE

JUDGEMENT

(1.) THE Second Additional Sessions Judge, Mandla vide impugned judgment dated 5 2 2013 passed in Sessions Trial No. 20/2013 has awarded the death sentence to the appellant and has made a reference of the proceeding for confirmation of death sentence to this Court. The appellant being aggrieved by the impugned judgment has preferred Criminal Appeal No. 397/2013. Since the reference and the appeal arise out of same judgment, both are being decided by this common judgment.

(2.) THE background facts leading to the appeal, briefly stated, are that Iknis Jojo (PW 1) along with his wife and four children resides in village Payli and is an agriculturist. The deceased was the eldest daughter of Iknis and also a student of Class VI. At the time of incident she was aged about 14 years. According to the prosecution story, on 26 12 2012 Iknis worked for the whole day in the agricultural field and stayed in the night to water the crop. His wife took food for him in the evening between 7 8 p.m. and stayed there to help him.

(3.) THE wife of PW 1 returned from the field next day morning i.e. on 27 12 2012 at about 6.30 a.m. and got busy in household chores. PW 1 reached home at 7.30 a.m. and asked the children to get up. However, the deceased did not wake up. PW 1 made an attempt to wake her up but learnt that she had died. He found that blood was coming out from the nose of the deceased and there were marks of injuries on her neck. Sanchit Jojo (PW 2), the younger brother of the deceased and son of PW 1, narrated the incident to him. Thereupon, PW 1, lodged the F.I. R. at Police Station, Nainpur. The Police after completing the investigation filed the charge sheet for offences under Sections 302, 376 and 450 of the Indian Penal Code against the appellant.