Saxena, J. -- 1. The aforesaid criminal appeal and capital sentence reference arise out of the impugned judgment and order of conviction and sentence dated 12th September, 2011 rendered in Sessions Trial No.79/11 by the Third Additional Sessions Judge, Bhind (M.P.). Since the judgment and order challenged in the appeal is one and the same which is the subject-matter of the capital sentence reference made by the learned trial Judge, the appeal and the reference are herewith, taken up together for disposal.

2. The appellant-accused stood his trial on the charges for the offences punishable under sections 376 and 302 of IPC before the Additional Sessions Judge and he was convicted and sentenced as following :

(a) for committing rape on the prosecutrix aged 7 years old, which is an offence punishable under section 376 of IPC, appellant was sentenced to undergo imprisonment for life and to pay a fine of Rs.200/-, in default of payment of which he was directed to undergo imprisonment of one month;

(b) for committing murder of the prosecutrix, aged 7 years, which is an offence punishable under section 302 of IPC, appellant was sentenced to death.

3. Facts in short are that on 6th F