JUDGMENT

B.N. Agrawal, J.-This appeal by special leave has been preferred against the judgment of Patna High Court confirming that of the sessions court whereby the appellant was convicted under Section 302 of the Indian Penal Code and sentenced to death and to pay a fine of Rs. 5000/- inasmuch as further convicted under Section 376 of the Indian Penal Code and sentenced to undergo simple imprisonment for life and to pay a fine of Rs. 5000/-.

2. The prosecution case in short is that on the morning of 27th July, 1995 at about 5 O clock the appellant, who was co-villager of Ram Sunder Jha (PW 3), the informant, came to his house on the pretext of taking tobacco from him. At that time, the appellant told Rita Kumari, daughter of the informant, that there were plenty of flowers in the orchard of Shobha Kant Mishra and asked her to go with him to the said orchard stating that he would also help her in plucking flowers and in this way enticed Rita Kumari for going to the said orchard. Thereafter, Rita Kumari went out of the house for plucking flowers followed by the appellant. At 6 A.M., some of the co-villagers came to the house of the informant and intimated him that dead body of his d