R.N.Sahay, J.

1. The appellant Maleshwar Bhagat, aged 25 years has been sentenced to imprisonment for life for committing the murder of Birsi Kumari, aged 15 years. The appellant was tried before the Sessions Judge of Gumla in Sessions Trial No. 225/90. Deceased, Birsi Kumari was involved in a love affair with the appellant. She was carrying a pregnancy of about sixmonths. The appellant wanted to marry her. The deceased refused to marry him and this led to her murder. According to the prosecution case, Jagat mani Bhagat the informant of the case inhabitant of village Nawdiha Keratoli, P.S. Ghaghra in the district of Gumla. Jagatmani at the material time was posted at Hajipur in the capacity of constable. He had come on leave on 11.5.1990. His family consisted of his wife, his sister, father Jharia Bhagat, his mother and two brother. His married sister Basant Devi had also come from her Sasural to visit to her parents. The appellant is of the same village. He was a student.

2. Jagatmani at about 8 p.m. on 15.5.1990 had gone out to answer call of nature with an electric torch. He heard cry and ran on the direction from where the cry had emanated. He again heard a cry. He ran