IN RE Vs. RAJKUMAR BHAGAT

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.) Thereafter, at about 9 p.m. on 26-12-2012 the appellant who is a married man and is aged about 32 years, to whom the children of PW-1, used to call 'mama' (maternal uncle), came to the house of PW-1 and in the courtyard of the house, consumed liquor. The appellant asked the deceased to sleep in a separate room away from her brothers and sister. The appellant slept with the brothers and sister of the deceased. Between 11-12 p.m. in the night the appellant went to the deceased and committed rape on her and thereafter strangulated her, as a result of which she died.