H.C. MISHRA, J.

1. Heard learned counsel for the convict Kashi Nath Singh @ Kallu Singh, facing the death sentence, and learned counsel for the State, in the death reference, as also the appeal filed by the convict.

2. This death reference and the connected Criminal Appeal arise out of the impugned Judgment of conviction dated 30th September, 2013 and Order of sentence dated 08.10.2013, passed by the learned Additional Sessions Judge-VI-cum-Special F.T.C., Dhanbad, in S.T. Case No.237 of 2008, whereby, the sole accused has been found guilty and convicted for the offences under Sections 376 and 302 of the Indian Penal Code. Upon the hearing on the point of sentence, the appellant has been awarded the capital punishment of death for the offence under Section 302 of the Indian Penal Code with fine of Rs.20,000/-, directing him to be hanged by the neck, till he is dead. He is further sentenced to undergo R.I. for ten years with fine of Rs.50,000/-for the offence under Section 376 of the Indian Penal Code, and it was directed that in case the fine is realised, the same be paid to the family of the deceased girl. As the accused is sentenced to death, the reference has been made to this Court, for confirmation of the death sentence.

3. The prosecution case was instituted on the basis of fardbeyan of the informant, Bikash Kumar Mandal, the brother of the deceased girl then aged about 14 years, recorded at the place of occurrence, at village Rangamati, Raja Basti, near Kali Temple, P.S Baliapur, District Dhanbad, on 03.11.2007, at about 10:45 hours, wherein the informant has stated that on the same day, at about 8:45 A.M., in the morning, his sister had gone for taking bath in a pond in his village, along with the wife and daughter of his neighbor, Raju Mukherjee. After some time, at about 9:30 A.M, the wife and daughter of Raju Mukherjee returned back, whereupon, the informant and his mother asked them about his sister, and they told them that she had left the pond before them after taking bath. Thereafter, the informant, his mother and Raju Mukherjee went out in search out of his sister, towards Kali Temple, when they saw the accused Kallu Singh assaulting his sister by a stone in the uncultivated field of Jag Bandhu Ram, and his sister was bleeding profusely. Upon seeing them, Kallu Singh fled away and when they went there, they found his sister dead with bleeding injuries on her face and head, due to the assaults made by stones. Her face was entirely defaced and there was no cloth on her body. Her skirt, top, panty, ear rings, bangles, mala and payal were found at a distance of about 20-30 feet. Claiming that the accused had committed rape upon his sister along with someone else, and had also committed her murder assaulting her by stones, the fardbeyan was given by the informant, on the basis of which, Baliapur P.S Case No.63 of 2007, corresponding to G.R No. 3397 of 2007, was instituted for the offences under Sections 376 & 302/34 of the Indian Penal Code, against the accused, Kallu Singh and another, and investigation was taken up. After investigation, the police submitted the charge sheet in the case against the sole accused.

4. After commitment of the case to the Court of Session, charge was framed against the sole accused, Kashi Nath Singh @ Kallu Singh, for the offences under Sections 376 and 302 of the Indian Penal Code, and upon the accused’s pleading not guilty and claiming to be tried, he was put to trial. In course of trial, 21 witnesses were examined by the prosecution.

5. P.W.-5 Bikash Mandal is the informant of the case and the brother of the deceased. This witness has stated that the occurrence had taken place on 03.11.2007. His sister aged about 14 years, had gone to take bath in the pond. The wife and daughter of Raju Mukherjee had also gone to take bath. His sister had left the pond before them. When his sister did not return back, he went out in search of his sister along with his mother. When they went towa