- (1.)THIS common judgment will dispose of both the Criminal confirmation Case which is referred to under Section 366 of the Code of Criminal procedure by the learned Additional Sessions Judge, Wardha, for confirming the death sentence awarded to the accused in Sessions Trial No. 53 of 1996 as also the criminal Appeal filed under Section 374 (2) of the Criminal Procedure Code by the accused, challenging the order of his conviction and sentence in the same case the learned Judge, by his judgment, dated 30. 8. 1997, convicted the accused of the offences punishable under Sections 363,376 and 302 of the Indian Penal Code and sentenced him on the first count, to suffer rigorous imprisonment for three years; on the second count, to rigorous imprisonment for seven years and on the third count, to death.
(2.)THE prosecution case is that P. W. 1 Laxmibai Panchaghade is a resident of arvi, District Wardha and that she resides along with her four sons, namely, rameshwar (P. W. 5), Sanjay (P. W. 6), Raju (P. W. 16) and Ravi, in their ancestral house (Wada ). It appears that Rameshwar resides separately with his wife and children in the same house. Deceased Sneha @ Gangu, aged about 4 years, was the daughter of Rameshwar and she is the victim of the offences of kidnapping, rape and murder allegedly committed by the accused.
(3.)RAMESHWAR's brother Sanjay (S. W. 6) was involved in a murder case and was detained in Wardha Jail. The accused is a resident of village Rohana, Taluka arvi. He was also involved in a similar case on the charge of having kidnapped a minor girl of seven years, named Ujwala, and committing rape on her and also her murder. He was arrested by the Pulgaon Police Station and he was undergoing detention in Wardha Jail in connection with that case. Thus, in the Jail, the accused got acquainted with Sanjay. One Dashrath Karkade of Arvi was also in Wardha jail, at that time. His house is just opposite to the house of Sanjay.