Hon'ble Dr. CHAUHAN, J.—This criminal appeal has been preferred against the judgment and order dated 17.7.2009 passed by the High Court of Punjab and Haryana at Chandigarh in Criminal Appeal No. 268-DB of 2009, by which it has affirmed the conviction of the appellant under Sections 302/376(2)(f) and 201 of Indian Penal Code, 1860 (hereinafter referred as `IPC’) and accepted the death reference made by the Additional Sessions Judge, Yamuna Nagar at Jagadhari vide judgments and orders dated 2.3.2009/6.3.2009 and confirmed the sentence of death.

2. Facts and circumstances giving rise to this appeal are that :

A. Smt. Roopa Devi (PW.3) wife of Neel Kumar @ Anil Kumar – appellant, had gone to her parental home at village Kesri alongwith her minor son on 26.6.2007 leaving her two children i.e. Sanjana, daughter, 4 years old and Vishal, son, 2 years old at her matrimonial home with her husband – appellant. She had to return back on the same day but could not return and stayed at her parental home. On the same day, she received information by telephone at 4.00 p.m. from her brother-in-law Ramesh Kumar that her husband had committed rape upon her 4 years old daughter Sanjana. Roopa Devi (PW.3

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