Nirmal Singh, J.

1. This appeal has been filed by the appellant against the judgment and order 12/14-2-2003 passed by learned Sessions Judge, Bhiwani, vide which he was convicted and sentenced to undergo imprisonment for life and to pay a fine of Rs. 3000.00 . In default of payment of fine, he was further sentenced to undergo R. I. for nine months under Section 302, IPC. He was also convicted and sentenced to undergo R.I. for four years and to pay a fine of Rs. 1000.00 . In default of payment of fine, he was directed to undergo R. I. for six months under Section 328, IPC. However, both the sentences were ordered to run concurrently.

2. The case of the prosecution is that on 14-1-1999 at about 8.30 p.m. Sada Ram and his brother Prithvi were watching television. Wife of Sada Ram told him that Babli, his daughter, had gone to tie the he-calf and had not returned. Sada Ram searched for Babli here and there. Then he heard a noise from the roof. He went there and saw that Sanjay had gagged the mouth of Babli with his hand while she was trying to free herself. Sada Ram got released Babli from the clutches of Sanjay. In the meantime, Prithvi also came there. Sanjay ran away from th