A. K. SHRIVASTAVA, J. :-

This judgment shall also govern the disposal of connected Criminal Appeal No. 1274 of 2007 (Dilip Bankar v. The State of M.P.) filed on behalf of the accused.

2. By exercising the power conferred to it under Section 366 of the Code of Criminal Procedure, 1973, this reference has been submitted to this Court by learned Sessions Judge, Bhopal in Sessions Trial No. 28/2006 for confirmation of the death sentence awarded to the accused for the offence punishable under Section 302, IPC. The learned Sessions Judge has also convicted the accused for the offences punishable under Sections 363 366, 376 (2) (f), IPC and has sentenced him to suffer 7 years rigorous imprisonment and fine of Rs. 500/-, in default of payment of fine, further S.I. for six months; 10 years rigorous imprisonment and fine of Rs.500, in default, S.I. for six months and life imprisonment and fine of Rs. 1000/- respectively.

3. In brief the case of prosecution is that Naina alias Gurmeet (hereinafter referred to as 'the deceased prosecutrix') who was a minor daughter of Satnam Singh was playing along with her brother Chhutu @ Jagmohan nearby a temple which is located nearby her house, wh