Judgment

KHANNA, J.:- This appeal by special leave by Jagta alias Jagdish (34) is directed against the judgment of the Punjab and Haryana High Court affirming on appeal and reference the conviction of the appellant under S. 302, Indian Penal Code for causing the death of Phul Pati (23) and the sentence of death. The appellant was also convicted by the trial court under S. 376, Indian Penal Code and was sentenced to undergo rigorous imprisonment for a period of eight years, but the High Court altered the conviction on that score to that under Section 376 read with S. 511, Indian Penal Code and sentenced him to undergo rigorous imprisonment for a period of two years.

2. Phul Pati deceased was the daughter of PW Roopa of village Guhna in district Rohtak. She was married to Head Constable Baldev Singh of village Bajana. About two days before the present occurrence Phul Pati came to her father s house. In the afternoon of January 13, 1972 Phul Pati left her father s house to go to his field to cut grass. The said field is in the area of village Farmana at a distance of 1 1/2 kos. from the abadi of village Guhna. The three villages Guhna, Farmana and Ridhao are near each other. The accused