Hon’ble Bala Krishna Narayana, J.—Heard Sri V.K.Sharma, Advocate assisted by Sri Kuldeep Singh, learned counsel for the appellant, Sri Akhilesh Singh, Government Advocate, Sri Narendra Kumar Singh, A.G.A., Sri J.K.Upadhyay, A.G.A., Sri I.P.Srivatava, A.G.A. and Sri Irfan Chaudhary, learned AGA for the State.

2. This criminal appeal has been preferred by Santosh Kumar alias Gudda against the judgement dated 11.4.2014 and order dated 15.4.2015 passed by learned Sessions Judge, Mainpuri, in S.T. No. 22 of 2012. State v. Santosh Kumar Singh alias Gudda, convicting him under Sections 376 (2)(f) (old), 302 and 201 IPC and sentencing him to be hanged by neck till his death under Section 302 IPC imprisonment for life and fine of Rs. 40,000/- and in default of payment of fine further imprisonment of one year under Section 376(2)(f) IPC (old), from the fine imposed upon the appellant Rs. 30,000/- was directed to be paid to the victim’s father as compensation and seven years rigorous imprisonment and a fine of Rs. 5000/- and in default of payment of fine further imprisonment of six months under Section 201 IPC. All the sentences were directed to run concurrently.

3. Reference made by the learned Sessions Judge to this Court for confirmation of death sentence awarded by him against the appellant vide his letter dated 18.4.2014 and registered as Reference No. 04 of 2014 was connected with this appeal by order dated 1.5.2015 passed by this Court is also being considered alongwith this capital case.

4. Prosecution case in brief is that complainant-Vinod Kumar son of Sri Pratap Singh, r/o Ladpura Kutukpur Nasirpur, lodged a written report at P.S.Karhal, District Mainpuri on 26.4.2011 at 13.10 hours (1.10 p.m.) alleging therein that his niece Km. Radha aged about 5 years daugher of Pramod Kumar had gone to the house of one Ramveer Singh to participate in the Tilak Ceremony of his son alongwith her mother. When she did not return from there, the family members made an extensive search for her but they did not find her. On the next day at about 12.00 noon, Satya Veer son of Ramwshwar Dayal found her dead body lying in a drain covered with a bundle of wheat. Thereafter her dead body was brought to the house of the informant. Tooth bite injuries on her face and several injuries on her private parts were noticed from which blood was oozing out and also from her nostrils and it appeared that someone had murdered her after committing rape with her. On the basis of the aforesaid written report check FIR (Ex. Ka-4) was prepared and case at crime No. 275 of 2011 under Section 376 and 302 IPC was registered at P.S. Karhal against unknown persons and entry thereof was made into G.D. at serial No. 22 on 26.4.2011 carbon copy of which is on record as Ex. Ka-5.

5. Initially the case was investigated by S.I. Jagat Pal Singh, P.W.-8 who visited the spot and on the pointing out of the complainant inspected the place where the dead body of the deceased was found and prepared the site plan Ex. Ka-3. He also recovered a blood stained half pant of the deceased and prepared recovery memo Ex. Ka-14.

6. S.I. Radhey Shyam prepared the inquest report Ex. Ka-9 of the dead body of the deceased Radha and other documents, namely, letters addressed to the C.M.O., R.I. Ex. Ka-10 and Ex. Ka-11 and photo group of the corpse Ex. Ka-12 and send the dead body in a sealed condition to the mortuary for post-mortem examination, which was conducted on 27.4.2011 at about 2.10 p.m.. According to the post-mortem report of the deceased Km. Radha, Ex. Ka-3, following injuries were found on her dead body.

1. Abraded contusion 4 c.m. X 1 c.m. left side of face, half c.m. below left eye brow;

2. Rounded abraded contusion 4 c.m.x 3.5 c.m. on left side of cheek, 2 c.m. away from left angle of mouth (mouth bite) with lacerated wound 1.5x 0.4 c.m. x muscle deep on the center of injury;

3. Sub conjuctival haemorrhgaes present on whole of both eye;

4. Lacerated wound 1 c.m. x 01 c.m. x musc