The central legal point established in the judgment is the mandatory requirement to record a finding on the mental status of the accused before proceeding with the trial, as outlined in Section 329 of the Criminal Procedure Code.

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, when she did not return to her home till evening, her father Satnam Singh lodged the missing report which was written on Roznamcha (Ex.P/20). The Station Officer Incharge S.M. Zaidi arrived at Roshanpura and made enquiry from the residents of that locality. In the said enquiry it came to know to the investigating officer that one person whose appearance resembled with that of the accused was seen last along with the deceased prosecutrix. The investigating officer thereafter went to the hut of the accused but he was not found there. The relatives and the friends of the accused were also interrogated and it came into the knowledge of the investigating officer that one brother of the accused resides in a hut in Sai Baba Nagar, eventually, the Investigating Officer also went to search the accused at that place, but, neither accused nor his brother was found. Thereafter, when the Investigating Officer was going to the residential place of the third brother of the accused, on the main road accused was seen and he was identified by Chhutu alias Jagmohan. It is said that on the interrogation the accused admitted that by enticing to give biscuit to her, the deceased prosecutrix was firstly kidnapped and thereafter she was raped and killed. The accused also showed the place of occurrence where the prosecutrix was lying dead. A Panchanama of the dead body was prepared and it was seized. The spot map was also prepared.

4. In furtherance to its investigation, the investigating agency called the FSL team to get the spot inspected; the photographs of the place of occurrence were taken, seized ordinary earth of the place of occurrence; grass pieces; an empty quarter of liquor; one bottle; cap of the bottle; half burnt Bidi, awrapper of Parle-G "Biscuit" and a blue coloured parity lying on the dead body was seized.

5. From the possession of accused, his shirt was seized in which the dust particles were found on the sleeves where the elbow rests, some hairs were found on the sleeve of the shirt. The dust particles were also found on that place of the trouser where the knee rests. One pair of sleeper of the accused having dust on the sole was also seized. The dead body of the deceased was sent for postmortem; the statements of witnesses were recorded; and the accused was arrested.

6. After the investigation was over, a charge sheet was submitted in the committal Court and thereafter the committal Court committed the case to learned Sessions Judge where accused was tried.

7. The learned Sessions Judge after going through the charge sheet framed charges punishable under Sections 363, 366, 376 and 302 of IPC. Needless to emphasize the accused abjured his guilt and pleaded complete innocence as well as maladroit implication.

8. In order to prove the charges, the prosecution exami