R.R.Prasad, J.

The criminal appeal as also the Death Reference arising out of the same impugned judgment, were heard together and are being disposed of by this common Judgment.

2. This appeal is directed against the judgment of conviction dated 05/02/2013 and order of sentence dated 08/02/2013, passed by the Sessions Judge, Bokaro, in Sessions Trial No. 122 of 2012, whereby and whereunder the appellant Raju Singh on being found guilty for committing rape and murder of a 10 years girl and then disposing of the dead body, convicted him for the offence punishable under Section 376 (2)(g), 302 and 201 of the Indian Penal Code and was sentenced to death for the offence punishable under Section 302 of the Indian Penal code and further to undergo R.I for 10 years and to pay a fine of Rs. 5000/-with default clause for the offence under Section 376(2)(f) of the Indian Penal Code and further to undergo R.I. for 7 years and to pay a fine of Rs. 3000/-for the offence punishable under Section 201 of the Indian Penal Code with default clause.

3. The case of the prosecution is that on 17/12/2011, the informant Logen Das (PW-10) came to his field which he was cultivating along with his wife Sumitra Devi (PW-1), son Amit Kumar Das (PW-2) and the daughter (deceased) aged about 10 years. There they collected the harvested crop and kept it at one place. He asked his daughter (deceased) to keep watch on it and he along with his wife and son went to another field situated slightly far from there to do cultivating work. After an hour the informant Logen Das (PW-10) again came to that field where her daughter was watching the harvested crop. There he collected some fire woods and put it in fire so that his daughter may take warmth of it. Thereafter, he left for home. In the way he came to a brick kiln belonging to Gadawar Singh (the father of the appellant) where he found this appellant as well as one Manjhi Singh sitting. After having talk with them for couple of minutes, he came home and then went to office. At about 10 O' Clock someone rang him and informed that his daughter is missing. Immediately, he came home and started searching his daughter along with other family members and villagers. During search, they came across with the appellant and Manjhi Singh at whose instance the dead body was recovered. They, after looking the condition of the dead body, did realise that before she was strangulated to death, she had been subjected to rape. At that point of time his Bhabhi Jhanu Devi (PW-8) informed that some time before she had seen the appellant running away and was perplexed.

4. Meanwhile, one Bir Kumar the then Officer Incharge of Balidih Police Station, upon receiving some information relating to the occurrence came to the field where he recorded the Fardbeyan (Ext.3/1) of the informant at about 1.30 P.M., wherein the informant stated about the incident as has been stated above.

5. On the basis of the said fardbeyan, a case was registered against the appellant and others upon drawing a formal FIR (Ext.-7). Said S.I. Bir Kumar took up the investigation during which he collected semen like material from the thigh of the deceased through swab. He also held inquest on the dead body of the deceased and prepared an inquest report (Ext.-8) and sent the dead body for postmortem examination, which was jointly conducted by Dr. Paramjeet Kumar (PW-6) and Dr. Kamlesh Kumar Sinha (PW-11).

6. Upon holding autopsy on the dead body, they found the following injuries on the person of the deceased:-

“(I) Ligature mark at the level of lower part of thyroid cartilage and was circular horizontal, unilateral and complex.

(ii) Abrasion in front of nose 1/2” x 1/6”

(iii) Tear of Vagina, presence of blood stain suggesting forceful sexual intercourse.

(iv) Trachea was found congested.

They also took vaginal swab and gave it to S.I. Bhagwan Ram for further examination.”

The Doctor issued postmortem examination report (Ext.-2) with an opinion that the death occurred on a