IN REFERENCE Vs. RAJESH

JUDGEMENT

(1.) THIS judgment will decide Criminal Reference No.l/ 2013, Criminal Appeal No.617/2013 and Criminal Appeal No.655/2013, as all these cases arise out of the same judgment.

(2.) THE Seventh Additional Sessions Judge, Indore by the impugned judgment dated 12.3.2013 passed in Sessions Trial No.5/2013 has awarded the death sentence to the appellant Rajesh of Criminal Appeal No.617/ 2013 and has made a reference under section 366(1) of the Code of Criminal Procedure, 1973 of the proceedings for confirmation of death sentence by this Court. Feeling aggrieved by his conviction and sentence awarded by the impugned judgment, the appellant Rajesh has preferred Criminal Appeal No.617/2013. The co -accused Baby Singh has also filed Criminal Appeal No.655/2013 against the judgment on her being convicted and sentenced for life imprisonment and 10 years RI. The trial Court convicted and sentenced the appellants as follows : <IMG>JUDGEMENT_155_JLJ3_2013.jpg</IMG>

(3.) ON 26.9.2012 Balram Rathore, neighbour of the appellants, lodged a report, which was registered as Marg Report Ex.P -3 to the effect that at about 10:00 p.m. he met appellant Rajesh, carrying the victim in his arms. On being asked by him to appellant as to what happened to her, the appellant informed him that she was taken to hospital and that she has died. On the basis of Marg Intimation Ex.P -3, the police prepared Panchayatnama Ex.P -2 of the body. The dead body of the victim was then sent for post -mortem examination, which was conducted by Dr. A.K. Rastogi (P\Y5), Dr. S.K. Dadu and Dr. Deepak Gawli. The team of the doctors found the following injuries as per the post -mortem report Ex.P - 12 on the body of the victim :