SACHCHIDANAND JHA and P.N.Yadav JJ.

1. The sole appellant has been convicted under Sections 376/34 and 302/34 of the Indian Penal Code and sentenced to death.

2. The appellant was put on trial in connection with an occurrence of 1.4.1985. At about 9 a.m. on that day Manju Kumari, a 16 year old minor girl, went to the outskirts of the village, namely Sangar within Tajpur Police Station of Samastipur district for scraping grass as cattle feed as usual. When she did not return even after two hours members of the family became anxious and started looking for her. In course of search they found her dead body in the maize field of one Motilal Sao. She was lying in a pool of blood with her neck, mouth and nose cut. The father of Manju Kumari, Sone Lal, on receiving the information immediately rushed to the place. SI S.P. Singh of Tajpur PS too arrived there. The fardbeyan of Sone Lal was recorded and a case under Section 302/34 of the Penal Code was registered against unknown and the investigation commenced.

3. SI S.P. Singh held inquest and sent the dead body to Samastipur Sadar Hospital for postmortem. He also recorded the statements of witnesses. After completing the formalitie