REFERENCE Vs. SHYAM SINGH @ KALLU RAJPUT

JUDGEMENT

(1.) Criminal Appeal No. 247/2019 has been filed by the appellant-accused being aggrieved by the judgment dated 10.12.2018 passed by the Special Judge/6 th Additional Sessions Judge, Katni, in Special Case No. 56/2018 whereby he has been convicted and sentenced as follows Conviction Sentence

(2.) Criminal Reference has been sent by the trial court under Section 366(1) of the code of Criminal Procedure to this Court for confirmation of the death penalty. As criminal reference and the criminal appear both arise out of the common judgment, they are being decided by this common judgment.

(3.) The case of the prosecution in brief is that on 6.6.2018 complainant Pankaj @ Changa lodged a report in Police Station Slimnabad that he is a resident of village Chargavan and does the cultivation. He has four daughter namely Sapna aged 15 years, victim aged 7 years, Anamika aged 3 years and Astha aged 1 year. He stated that on 5.6.2018 he had gone in the field alongwith his eldest and youngest daughter and wife. He left the victim, Anamika and Astha at home. In the evening, at about 5.00 pm, when he came back to his home alongwith wife Longbai (PW-2) and daughter Sapna, victim was not found in the home. When they enquired in the vicinity, Laxmibai (PW-8) told them that the victim was playing alongwith other children till 12.00 noon in front of the house of Bhanga Kachi and thereafter where the victim had gone, she did not know. Search was made in the vicinity, family, village and relation, but she could not be traced out. On the basis of the said oral report, Sub Inspector Rajendra Upadhyay (PW-16) of Police Station Slimnabad registered a missing report Ex.P/1. On the basis of said missing report, on the same date at about 12.56 noon, Missing Registration No. 23/2018 of missing girl was registered. On 6.6.2018, on the basis of dehati nalishi, Crime No. 205/2018 Ex.P/2 under Section 363 of IPC was registered in respect of missing girl and the matter was taken under investigation.