JUDGMENT

M.K. Mukherjee, J. - The appellant was tried for the convicted of offences punishable under Sections 363, 376, 302 and 201 IPC by the Additional Sessions Judge, Shahdol. For his conviction under Section 302 IPC, he was sentenced to death and for the other convictions to different terms of rigorous imprisonment. As the appeal preferred by him in the High Court was dismissed, he has filed the instant appeal after obtaining special leave.

2. Briefly stated the case of the prosecution is as follows:

(a) Parmeshwar Lal Sharma (PW 1) along with his wife and three children used to reside at Bhutari Tolla in the township .of Budhar. Of the three children, Pinky (the deceased) was the youngest arid her age at the time of her death was about seven years. The appellant who was also a resident of the same locality used to occasionally visit the family of Parmeshwar and his children used to address him as 'Tiwari Uncle'.

(b) On April 30, 1995 at or about 6 P.M; Parmeshwar had gone to a hair cutting saloon in the local market along with his son Santosh (PW 4) and daughter Pinky. After Santosh and Pinky had their hair cut they went out of the saloon to play outside while Parmeshwar staye