The burden of proof in a criminal trial never shifts, and it is always the burden of the prosecution to prove its case beyond reasonable doubt on the basis of acceptable evidence.

( 1 ) THIS appeal has been filed against the judgment and order dated 27. 1. 2005 passed by the additional Sessions Judge, J. P. Nagar, in S. T. No. 177/2003 whereby the appellant has been convicted under Section 302 I. P. C. and sentenced to death.

( 2 ) CRIMINAL reference is for confirmation of the death sentence of appellant.

( 3 ) THE brief fact of the case as mentioned in the report lodged by Kamar Singh is that he was resident of village Nagla P. S. Gajrola, district J. P. Nagar. His elder daughter Sangeeta was aged about 20 years. On 25. 2. 2003 at about 3. 00 P. M. she had gone to throw cow dung and carried a bottle of water to answer the call of the nature. Uptil 4. 00 p. m. when she did not return he, yogendra Singh and Braham Singh and several other persons started searching her. In the sugarcane field of Tej Pal Singh he found his daughter lying dead. The report was lodged on 25. 2. 2003 at 8. 30 p. m.

( 4 ) AFTER the registration of the case, Sub-inspector Devendra Kumar started the investigation and reached at the place of the occurrence alongwith T. P. S. Mullik and sub-inspector G. C. Verma. Sub-inspector M. P. Vimal also reached at the place of the occurrence. On his direction S. I. M. P. Vimal had prepared the inquest report and relevant papers for the post mortem examination, which are Exts. Ka. 6 to 11. The dead body was sealed and handed over to Constables Indra Pal singh and Kailash Chandra. Blood stained and plain earth also collected by Sub-inspector M. P. Vimal and a shoe of the deceased and a glass bottle were also sealed, recovery memo is Ext. Ka. 14. During the inquest proceedings some hair from the finger of the deceased were collected in a packet, which is Ex. Ka. 15. A blood stained dupatta and shalwar was also sealed and recovery memo was prepared which is Ex. Ka. 16. On the next day he prepared site plan, which is Ex. Ka. 17. He recorded the statement of Veg Ram, Karan Singh and Anil and they disclosed the complicity of Komal. The accused was arrested from a railway platform. Some hair of the accused were taken and a recovery memo was prepared, which is Ex. Ka. 2. The accused had confessed to have committed the crime and on his pointing out one Darati from a suger cane field and a blood stained pant and a knicker was also recovered from his house and recovery memo was prepared which is Ex. Ka. 4. He prepared the site plan of the place of recovery y of darati, which is Ex. Ka. 18. On 12. 3. 2003 he recorded the statements of Mool Chand, Virendra, sub-inspector G. C. Verma and other police constables and after conclusion of the investigation he submitted the charge sheet, which is Ex. Ka. 19. On 2. 4. 2003 the articles were sent for chemical examination through the Chief Judicial Magistrate and the reports 7b/1 and 7b/2 of forensic Laboratory, Agra are on the record.

( 5 ) POST mortem on the dead body of Km. Sangeeta was conducted by Dr. Manoranjan Kumar. He noted following ante mortem injuries and in his opinion cause of death was shock and haemorrhage as a result of bleeding from great vessels of neck.

1. Contusion over both eyes (lids blue and Swollen) eyes closed and contusion over upper part of nose. 2. Circular abraded contusion over right cheek 3. 5 cm x 3. 5 cm. 3. Abraded contusion 3. 5 cm x 3. 5 cm (circular) around right areola of breast. 4. Circular abraded contusion below right areola 3 cm x 4 cm. 5. Circular abraded contusion 4 cm. x 4 cm. over upper part of left breast just above areola. 6. Circular abraded contusion 4 cm. x 4 cm. below left areola. 7. Incised would extending from right side neck (middle region) to front of neck to left side to back of neck to posterior part of right side 20 cm. x 7 cm. trachea, blood vessels and oesophagus are cut apart.

( 6 ) AFTER the submission of the charge sheet, case was committed to the Court of Sessions and the sessions Judge framed the charge under Section 302 I. P. C.

( 7 ) THE prosecution examined eight witnesses in a