STATE Vs. MICHAEL ALEXIS

JUDGEMENT

(1.) The Death Reference and Criminal Appeal both are in respect of judgment dated 20-5-1993 passed by Second Additional Sessions Judge, Bettiah, in Sessions Trial No. 89 of 1992 on 20-5-1993 whereby the appellant Michael Alexis has been convicted and sentenced to death under Section 302 of the Indian Penal Code (hereinafter referred to as, the Code). The appellant has further been convicted and sentenced to ten years under Section 364 of the Code and three years rigorous imprisonment under Section 201 of the Code.

(2.) The victim (deceased) is Jaya John, daughter of John Thomas (P.W. 16). The deceased was aged about 10-11 years at the time of incident. The prosecution case, briefly stated, is as follows :

(3.) Sri Suresh Kumar (P.W. 20), Sub-Inspector of Police, investigated the offence. Later on he handed over the investigation to Sri Purshottam Kumar Singh, Sub-Inspector of Police (P.W. 17) who submitted only charge-sheet in the case. The appellant made confessional statement on 7-9-1991 before Sri Satish Chandra Sinha, Judicial Magistrate, first class, Bettiah (P.W. 19) who recorded the same in accordance with Section 164 of the Code of Criminal Procedure. The confessional statement of the appellant is Exhibit-10.