Sahai, J.

1. The appellant has been convicted under S, 302, Penal Code for the murder of one Mangan Singh on 11-7-1954, and has been sentenced to death. He has also been convicted under Sec.307 for on attempt to commit the murder of Mangans daughter, Mt. Basmatia (P. W. 1), but no separate sentence has been imposed under this section. The reference has been made for confirmation of the sentence of death. The appellant has filed the criminal appeal from jail. This judgment will dispose of the reference as well as the appeal.

2. The prosecution case is that Basmatia (P. W. 1) went with her father, Mangan Singh, to the jungle on Sunday, 11-7-1954. On their return, they began watching their maize crops in their field at village Murma within the jurisdiction of Daltonganj police-station in Palamau District. The appellant is an agnate of Mangan Singh, and there was no previous enmity between the two. On Thursday preceding the day of occurrence, a bullock belonging to the appellants family died. On Saturday, the appellants father, Chulhan Singh, went to Debas at a village which bears the name of Patna and which is at about 4 or 5 miles from village Murma. He consulted a Bhagat the