SAMANDAR SINGH Vs. STATE OF M P

JUDGEMENT

(1.) THIS judgment shall also govern the disposal of State of m. P. v. Samander Singh Criminal Death Reference No. 1/2008, referred to this court by learned Trial Judge under Section 366 of the Code of Criminal Procedure, 1973 for confirmation of the death sentence passed against the appellant.

(2.) FEELING aggrieved by the judgment of conviction and order of sentence dated 22. 11. 2008 passed by the learned First Additional Sessions Judge, Guna in Sessions trial No. 122/06, convicting the appellant under Sections 376 (2) (f) and 302 of IPC and thereby sentencing him to suffer Life Imprisonment and fine of Rs. 10,000 and in default of payment of fine to suffer further r. I. of two years and to suffer death sentence and fine of Rs. 10,000 respectively, this appeal has been preferred under Section 374 of the Code of Criminal Procedure, 1973.

(3.) IN brief, the case of the prosecution is that the deceased was the daughter of meharban Singh and Shantibai. On 7. 2. 2006, the deceased went to her field but did not return to her house in the village, as a result of which her mother Shantibai became worried and went to search the deceased at the field nearabout 4. 00 p. m. It is said that when she did not find her daughter in the field of her husband Meharban singh, she enquired from one Chandan singh, who informed that he had seen the appellant and acquitted co-accused Girraj with the deceased on the mound (Medh) of the Gajraj Singh's field in between 2. 00-2. 30 p. m. The field of deceased's father meharban Singh is adjacent to the field of Chandan Singh.