( 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 t