A judgement dated 9.5.2011, passed by the Sessions Judge, Mainpuri convicting the appellant to death sentence under section 302 I.P.C and rigorous imprisonment for 12 years under section 376( 2) ( f) I.P.C and a fine of Rs. 25,000/, and in default of payment of fine, one year additional sentence, has been challenged by means of this capital appeal, preferred by the appellant. A reference under section 366 Cr.P.C for confirming the death sentence has also been sent by the trial court. The co-accused Awadhesh was acquitted by the same judgement, under sections 376 and 302/34 I.P.C, against which acquittal a government appeal has also been preferred by the State. But the said government appeal has not yet been admitted nor has any notice been issued to the accused-respondent Awadhesh.

2. The prosecution case was that Sangeeta aged about 10 years and her younger sister Vineeta aged about 8 years were grazing their goats and bullocks in their field on 15.4.2002. As their goats had strayed into the field of appellant Nem Singh, the appellant and the co-accused Awadhesh strangulated her with an Angauchha. When Sangeeta did not return in the night, then her father Ram Autar