Smt. Dubey, J. -- 1. This death reference and connected appeal arise out of the Judgment of conviction passed by the Sessions Judge, Dindori holding the accused persons guilty of the charges levelled against them in the trial.

2. It is undisputed that the deceased and the accused persons are resident of the same village and on 14.4.2017, the family of the deceased as well as the accused Bhagwani had gone to attend the Chowk ceremony at the house of one Anil Maravi. It is also undisputed that in the early morning of 15.4.2017, both the accused had gone to the house of Jaipal (PW9) asking for liquor, and when the mother of accused appellant Bhagwani came there, they went away. It is also an admitted fact that the deceased had gone to the house of accused Satish to keep blanket and shawl.

3. The prosecution case, in nut shell, is that in the intervening night of 14.4.2017 and 15.4.2017, the accused kidnapped the deceased who was aged 11 years and after committing gang rape on her, throttled her to death. It is alleged that on 14.4.2017 at around 9 p.m., the deceased, aged