JUDGMENT :

H.C. MISHRA, J.

1. Heard learned counsel for the appellants, including the convict Mathura Yadav, facing the death sentence, and learned counsel for the State, in the death reference, as also the appeal filed by the appellants.

2. This death reference and the connected Criminal Appeal arise out of the impugned Judgment of conviction dated 08th April, 2016 and Order of sentence dated 12th April, 2016, passed by the learned Additional Sessions Judge-V, Giridih, in S.T Case No.273 of 2011, whereby, the accused, Mathura Yadav has been found guilty and convicted for the offences under Sections 302, 376 and 201 of the Indian Penal Code, whereas, the accused Bhikhari Mahto has been found guilty for the offence under Section 201 of the Indian Penal Code. Upon hearing on the point of sentence, the appellant Mathura Yadav has been sentenced to the capital punishment of death, for the offence under Section 302 of the Indian Penal Code, directing him to be hanged by neck till he is dead. He is also sentenced to undergo R.I. for life for the offence under Section 376 of the Indian Penal Code, and R.I. for two years for the offence under Section 201 of the Indian Penal Code, whereas the appellant Bhikhari Mahto has been sentenced to undergo R.I. for two years with fine of Rs.5,000/-for the offence under Section 201 of the Indian Penal Code. As the accused Mathura Yadav 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 Ramdeo Saw, the grandfather of the victim female child, aged about 7 years, recorded at the place of occurrence near village Badidih, P.S. Ganwan, District Giridih, on 07.05.2011 at about 12:30 P.M., in the day, wherein, he has stated that on the previous day, i.e., on 06.05.2011, he had gone for grazing his goat at about 7:00 A.M, where at about 10:45 A.M., his granddaughter, aged about 7 years, came and asked him to pluck mango for her. The accused Mathura Yadav, aged about 35 years, who is his co-villager, was taking toddy nearby, and he assured his granddaughter to pluck mango for her, and he took her with him by holding her hand. The informant also returned back to his house, asking his granddaughter to return back early. When his granddaughter did not return back for a considerable time, he informed his son and daughter-in-law, other family members and neighbours that Mathura Yadav had taken her away for plucking mango, but she had not yet returned, whereupon the search for his granddaughter started. All of them searched Mathura Yadav also, but he was also nowhere to be found. They were searched until about 11:30 P.M., in the night, but both of them could not be found. In the morning again, the search was started and they found the dead body of his granddaughter between the putus bushes, situated in the back side of the boring house of the accused Mathura Yadav. There was deep cut injury in the neck of the deceased girl, and there was bleeding below her waist. The police was informed, which came there and the boring house of the accused was also searched, where there was a bed on the straws which was bloodstained. A bloodstained cloth was also found there. The informant has stated that Mathura Yadav and his father Bhikhari Matho were seen in the boring house in the morning, and they had removed the dead body from the boring house and concealed it in the bushes behind the boring house. Claiming that the accused Mathura Yadav had taken his granddaughter on the pretext of plucking mango for her, and had committed rape upon her, murdered her, and with the help of his father Bhikhari Mahto, had concealed the dead body in the bushes behind his boring house, the fardbeyan was given by the informant, on the basis of which, Ganwan P.S. Case No. 28 of 2011 corresponding to G.R No. 786 of 2011, was instituted for the offences under Sections 302, 376 and 201 of the Indian Penal Code, agains