(1.) The death reference and criminal appeal have arisen out of the judgment and order, dated 7-6-2005, passed by the Sessions Judge, Morigaon, in Sessions Case No. 31/2005, whereby the accused Mithu Kalita alias Mitu Kalita stands convicted under Section 302, I. P. C. and sentenced to death. The reference for confirmation of the sentence of death has been made under S. 306, Cr. P. C. and the appeal has been preferred by the accused against his conviction and also the sentence of death passed against him.
(2.) In the present case, a minor girl, namely, X, aged about 5 years 1 month, who had just started going to school, became allegedly victim of an indescribably nerveshattering and beastly incident of an attempted rape and, then, murder at the hands of the accused, the victim, X, being daughter of PW 12 and CW 1 and the incident having taken place in the evening of 14th of March, 2005.
(3.) The case of the prosecution, as unfolded at the trial, may, in brief, be set out as follows :
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