The judgment establishes the guilt of the accused in a case of rape and murder based on medical evidence and witness testimonies, and considers the absence of previous enmity and the heinous nature of the crime in determining the appropriate sentence.

A.S.NEHRA, J.

1. This judgment will dispose of ( 1) Murder Reference No. 1 of 1993 (State of Punjab V/s. Hatchet Singh) and (2) Criminal Appeal No.162-DB of 1993 (Harchet Singh V/s. State of Punjab).

2. The Sessions Judge, Bathinda, tried Harchet Singh alias Chet Singh, accused-appellant, and convicted and sentenced him as followed :-

U /s 376, subsection (2)(f), IPC To undergo rigorous imprisonment for life and to pay a fine of Rs.2000.00 and, in default of payment of fine, to undergo further rigorous imprisonment for six months. U/s 302, IPC Sentenced to death and to pay a fine of Rs. 2000 / - and, in default of payment of fine, to undergo further rigorous imprisonment for six months.

3. The record of the case has been sent to this Court for confirmation of the death sentence. Convict Harchet Singh alias Chet Singh has also preferred an appeal against his conviction and sentence passed by the Sessions Judge, Bathinda. Both these matters shall be disposed of by this order as these arise out of the same judgment of the trial Court.

4. Briefly stated, the case of the prosecution is as follows :-

Gurpal Singh P.W. 3 is a Lecturer in the Government College, Sunam. He along with his wife Manjit Kaur and infant daughter aged 13/4 years, went to the house of his sister who was married to Kashmir Singh in village Chughe Kalan, in connection with the marriage of Manjit Kaur his niece, which was fixed for 20-3-1991. They had gone to village Chaghe Kalan 2-3 days before the actual date of the marriage. Harchet Singh accused used to come to the house of Kashmir Singh in connection with various arrangements regarding the marriage occasion. The accused was friendly to Kashmir Singh, brother-in-law of Gurpal Singh P.W. 3, and, during those days, the accused used to take with him his female child, namely, Malhar, for playing. The marriage ceremony was over on 20-3-1991 according to the schedule. On 21-3-1991 at about 3-00 p.m., the accused was having the female child in his lap as usual and he went away with the child to make her play. On that day, the bride and the bride-groom had come back to village Chughe Kalan in connection with their first visit after the marriage. Gurpal Singh P.W. his wife Manjit Kaur and other members of the family became busy in connection with the visit of the bride and the bride-groom. At about 5-00 p.m., the bride and the bride-groom went away to village Arniwala. Thereafter Gurpal Singh P.W. became conscious of the child and, when he tried to find her, she was not available in the house. Harchet Singh accused was also absent. Gurpal Singh P.W. and his brother-in-law Kashmir Singh then started searching for the child and, in the process, they, reached the house of Gurbax Singh P.W. 4 who told them that he had seen Harchet Singh accused going with the child on the passage known as Diggiwali Pahi towards the fields. Gurbax Singh P.W. joined Gurpal Singh and Kashmir Singh and they went along the said Diggiwali Pahi. When they reached near the field of Hardev Singh at 6.00 p.m., they, noticed that the accused was committing rape with the unfortunate child Malhar under a jand tree. On seeing these persons, the accused left the child and ran away. Gurpal Singh P.W. and his companions went near the child and found that the child was bleeding profusely and she was already dead. Leaving Gurbax Singh P.W. at the spot to guard the dead body, Gurpal Singh and Kashmir Singh proceeded towards the police station to make a report. On the way, the police met them and ASI Janak Singh recorded the statement of Gurpal Singh. Thereafter, further investigation started. The police arrived at the place of occurrence at about 7-00 p.m. Inquent report was prepared and then the dead body was forwarded for post-mortem examination. The doctor reported that it was a case where the child had been subjected to rape and the death had resulted due to shock as a result to haemorrhage and pain. Subsequently, during the investigation, the a