JUDGMENT :

Sanjay K. Agrawal, J.

1. This criminal appeal has been preferred by the appellant herein under Section 374(2) of the CrPC against the impugned judgment dated 10/02/2015 passed by learned 2nd Additional Sessions Judge, Janjgir in Sessions Trial No. 82/2013 whereby he has been convicted for offence punishable under Sections 302 & 201 of the IPC and sentenced to undergo imprisonment for life and also with fine of Rs.5,000/- and in default of fine, simple imprisonment for 5 months and rigorous imprisonment for 7 years with fine of Rs.5,000/- in default of fine, simple imprisonment for 5 months, respectively.

2. Case of the prosecution, in brief, is that on 25/01/2013 in between 8:30 PM to 9 PM at village Sivni within the ambit of Police Station Champa, the appellant herein committed the murder of Ku. Shreya alias Nimmi Sahu, aged about 5 years and thereafter, tried to screen himself from the offence by hiding the evidence and thereby, committed the aforesaid offence.

3. Further case of the prosecution is that on 27/01/2013, Gyanchandra (P.W.-3) lodged a report at the Police Station that her daughter Ku. Shreya alias Nimmi Sahu, aged about 5 years, has been missing from 8 PM. Upon enquiry, memorandum statement of the suspect Ramkumar @ Ramu Sahu (appellant herein) was recorded vide Ex.P/1 wherein he stated that on 25/01/2013, he was playing with the deceased in the courtyard and he bounced her towards the sky but he could not catch her and she fell on the ground and became unconscious, thereafter, he got scared and caused her death by throttling her neck and left her dead body in the field of Gangaram and hid it under a stack of hay. On the basis of memorandum statement of the appellant, recovery of dead body of the deceased girl was seized from the field of Gangaram vide Ex.P/2 in the presence of Churamani Rathore (P.W.-1) and Firangi Rathore (P.W.-2). Dehati Nalishi and dehati merg intimation were registered vide Ex.P/13 and P/11. First information report was lodged vide Ex.P/14. Inquest was conducted vide Ex.P/5 and the dead body was subjected to postmortem which was conducted by Dr. Anita Shrivastava (P.W.-14) and as per the postmortem report (Ex.P/17) cause of death is said to be asphyxia due to throttling and nature of death is said to be homicidal. The clothes and slides of the deceased were seized vide Ex.P/10. The seized articles were sent for forensic examination and as per the FSL report (Ex.P/22) human blood of 'A' blood group was found on the paddy hay seized from the spot. After due investigation, the appellant was charge-sheeted for offence punishable under Sections 302 and 201 of IPC which was committed to the Sessions Court for trial in accordance with law. The appellant abjured his guilt and entered into defence.

4. In order to bring home the offence, prosecution examined as many as 21 witnesses and brought on record 23 documents. The statement of the appellant were taken under Section 313 of CrPC wherein he denied guilt, however, they examined none in his defence and only brought 4 documents on record.

5. Learned trial Court, after appreciation of oral and documentary evidence on record, finding the death of deceased Ku. Shreya alias Nimmi Sahu to be homicidal in nature and further finding the appellant to be the author of crime in question, proceeded to convict him for offence punishable under Sections 302 & 201 of IPC and sentenced him as aforesaid.

6. Mr. Arvind Singh, learned counsel for the appellant, would submit that the trial Court has relied upon the theory of last seen together that the appellant and deceased were seen together by Gyanchandra (P.W.-3), Rajkumar Sahu (P.W.-4), Munnalal (P.W.-5), Narsingh (P.W.-8), Chameli Sahu (P.W.-10), Sweta Sahu (P.W.-11) and Pragya (P.W.-12), however, it has not been established as all these witnesses are relative witnesses and their statements cannot be relied upon particularly when missing report with regard to the deceased has been lodged by Gyanchandra (P.W.-