Imtiyaz Murtaza, J. - (1.)This appeal has been filed against the judgment and order dated 21,9,2004 passed by the Additional Sessions Judge, Fast Track Court No, 16, Bulandshahar whereby the appellant was convicted under Section 302 I.P.C. and sentenced to death. The appellant was so convicted under section 376 (2)(G) I.P.C. and sentenced to twenty years rigorous imprisonment and a fine of Rs. 10,000/- under Section 201 I.P.C. and sentenced to undergo imprisonment for seven years and a fine of Rs. 5,000/-. In default of payment of fine farther imprisonment of two years and one year respectively.
(2.)Criminal reference is for confirmation of death sentence.
(3.)The brief facts of the case as mentioned in the first information report lodged by Dinesh s/o Ram Chandra r/o Jadaul P.S. Khanpur Distt. Bulandshahar are that his maternal cousin Sanjay used to live at his house for the last about 8 months. On 22.2.2004 in the Marriage Hall of Gajendra Singh situated at Bhaipur Doraha seven cabined marriages were solemnized. Seven marriage parties had arrived including one of Naresh. In which his daughter aged about 4 years alongwith her aunt Raj Kumari wife of Ashok Kumar had also gone there. Sanjay had also accompanied them. Sanjay had told her aunt that he is taking away Babita alongwith him to her home. When Babita did not reach home, he enquired from Sanjay about her whereabouts and he told him that he had left Babita in the Marriage Hall. Since then his daughter is missing. He was thinking that his daughter, might have been missing in seven marriage parties. He searched her but could not find. On 28.2.2004 Sanjay was again questioned and then he confessed that he had committed rape and thereafter murdered her and left her in the field of sugar cane. He alongwith Lakhpat, Rameshwar Dayal, Ram Chandra, Satvir Singh, Rishi Pal and Sanjai went there and saw his daughter lying naked in the sugar cane field. The report was lodged at police station Jahangirabad on 28.4.2004 at 5.45 p.m.