Judgment

TULZAPURKAR, J. :- This appeal by special leave is directed against the judgment and order of the Allahabad High Court dated August 10, 1976 (in Criminal Appeal No. 503 of 1976 and Reference No. 9 of 1976) upholding the conviction of the appellant under S. 302. I. P. C. and confirming the sentence of death awarded to him by the Third Additional Sessions Judge, Pillibhit on March 20, 1976 in Sessions Trial No. A-9 of 1975.

2. The prosecution case, briefly, stated, was that on April 10, 1975 at about 8 or 9 a. m. Km. Hazrati, since deceased, aged about 14 years took food for her brother Kadir Baksh (PW1) to the filed of Sarpanch Shyam Behair (PW4) in village Imalia, where he had gone along with others to cut wheat crop. After serving food to her brother Hazrati started returning to the village with the utensils (Tiffin Carrier, Lota, Glass, etc.) but she did not reach home. When Kadir Baksh returned home in the village at about noon, he was informed by his mother that Hazrati had not come back, whereupon Kadir Baksh (PW 1) along with Sarpanch Shyam Behari Lal (PW 4). Shabhapati Shyam Behari Lal (PW 11) and others undertook a search for Hazrati first in various fields; they als