SHIVA KIRTI SINGH, J.

1. By the judgment under appeal the learned Additional District & Sessions Judge, FTC No.-5, Rohtas at Sasaram has convicted the sole appellant under Sections 302, 364, 376 and 201 of the Indian Penal Code (hereinafter referred to as IPC) and awarded death sentence for the offence under Section 302 IPC and in that view of the matter has not awarded any separate sentence for the other offences. He has also made a reference under Section 366 of the Code of Criminal Procedure for confirmation of the death penalty. The Reference and the Criminal Appeal preferred by the appellant have been heard together and will be governed by this common judgment.

2. In the night between 5th and 6th March, 1999 a musical programme described as Chaita was organized in Pathantoli of village, Koath, PS-Dawath, District-Rohtas. The programme started at about 10:00 P.M. near the house of the informant, Abdul Bari Khan (PW-5) who is father of the deceased girl, Guria aged about five years. There was a gathering of about 60-70 persons, all of the same village. At about 12:30 in the night the informant want to sleep in his house. His daughter, Guria went out to hear the programme