Ashutosh Kumar, J.—We have heard Mr. Vikramdeo Singh, the learned Advocate for the appellant and Mr. Ajay Mishra, the learned APP for the State.

2. The sole appellant stands convicted under Section 302/201 of the Indian Penal Code and has been sentenced to undergo R.I. for life, to pay a fine of Rs. 50,000/- under Section 302 of the Indian Penal Code and R.I. for three years under Section 201 of the Indian Penal Code; and out of the fines so realized, the appellant has been directed to pay Rs. 25,000/- to the heirs of the deceased/victim Shahina Praveen @ Gauri, vide judgment of conviction dated 24.06.2017 and order of sentence dated 30.06.2017 passed by the learned 4th Addl. Sessions Judge, Bhojpur, Ara in Sessions Trial No. 378 of 2016 ( arising out of Shahpur P.S. Case No. 30 of 2016.

3. The deceased, who has been identified as Shahina Praveen was found dead in a dried-up river in village- Bariswan, which was spotted by one Udai Narain Paswan, the local chaukidar, who has been examined as P.W. 9 at the trial.

4. The appellant, a resident of the same village, has been held guilty of having killed her. The fore-skin of the deceased had worn off. She appears to have been identified by her father and uncle, namely, Islam Hussain and Md. Nasim, who have been examined as PWs. 4 and 5. respectively. They appear to have identified the dead body of the deceased by the photographs and some clothes which were never handed over to them. The appellant could be located on the basis of some scribblings on a bus-ticket which was found near the dead body. Seat nos. 27 and 28 was and a cell phone no. 8405057548 were also found written on the back side of the ticket-foil.

5. The afore-noted number was found to be of one Sumit Kumar Paswan @ Sonu, a person who had sold the bus tickets. Aforesaid Sumit Kumar Paswan @ Sonu was examined as P.W.7. He has admitted of having issued two tickets for Rs. 500/- from Kishanganj to Patna. He, later in the night, received a telephone call from cell no. 7319417684 that when the bus in question had stopped at Kadhagola near Katihar, the person who had purchased the ticket and his lady companion had got down to have snacks but the bus, in the meantime, left. Afore-noted Sonu advised the caller to talk to the bus conductor, namely, Bipin but later it was found that the person who had called him had boarded another bus. The cell no. 7319417684 was found to be registered in the name of one Rajiv Das. When the CDR of these two numbers were analyzed, one telephone number was found to have been used from different locations, falling in between Kishanganj and Patna, a number of times (eight times) through which the appellant could be located.

6. Hence his prosecution.

7. Before proceeding to analyze the evidence against the appellant, we are constrained to observe that a peculiar approach was adopted by the investigating agency in concluding the investigation and sending up the appellant for trial. We are equally perturbed with the manner in which the case has been dealt with by the learned Judge, who has recorded the finding of conviction and has imposed life sentence on the appellant. The evidence is completely lacking with respect to the mobile telephone number of the appellant having been used sometimes prior to the death of the deceased; the identification of the appellant; the identification of the deceased or for that matter for any connection between the appellant and the deceased. During the course of investigation and also trial, it came to light that in the Child Helpline Desk at Kishanganj, a message was recorded that Shahina Praveen aged about 14 years, who is the daughter of Nasim is missing. The deceased, in the present case, had been assessed to be of 24 years of age. The so-called confessional statement of the appellant leading to recovery of the weapon of assault and ornaments have also not been proved in any manner whatsoever. We have stated the afore-noted facts as a prelude to discuss the peculiar man