Judgment :-

Dr. B.S. Chauhan, J.

1. This appeal arises out of final judgment and order dated 21.9.2010 passed by the High Court of Judicature at Madras in Referred Trial No. 1 of 2010 and Criminal Appeal No. 299 of 2010 confirming the judgment and order of death sentence dated 12.3.2010 passed by the Additional Sessions Judge, Salem in S.C. No. 198 of 2009.

2. The facts and circumstances arising out of this Criminal Appeal are that:

A. Murugesan (PW.1) and his wife Indirani (PW.2) had left for a Padayatra to Palani hills leaving their daughter Palaniammal, the deceased herein, aged 9 years and studying in fourth standard, with her grandfather Karnaiyan (PW.3).

B. On 12.2.2009, the deceased had left for her school at 8.30 a.m. after informing Valli (PW.4). Since the deceased did not return from the school as usual, Karnaiyan (PW.3) after making a search, conveyed the message over the phone to her parents Murugesan (PW.1) and Indirani (PW.2).

C. In early hours of 13.2.2009, Murugesan (PW.1) and Indirani (PW.2) returned home and after making a search got registered a missing complaint of her daughter.

D. On the same day, the accused Selvam, appellant herein, appeared before Vijayan (PW.9), t