G.A.SANAP,J. - (1.)In this appeal filed at the behest of the accused/appellant Mohd. Kutubuddin Kamruddin Ansari challenge is to the judgment and order dtd. 30/7/2018 in Special Child Criminal Case No.67 of 2016 passed by learned Special Judge under Protection of Children from Sexual Offences Act, 2012, Nagpur, whereby the learned Judge convicted the appellant for the offences punishable under sec. 302, 363 and Sec. 201 of the Indian Penal Code (for short 'I.P.C') and sentenced him to suffer imprisonment for life for commission of murder of Kumari Akbari Khatun and to pay fine of Rs.25,000.00 and in default to pay fine, to suffer rigorous imprisonment for one year and sentenced him to suffer imprisonment for life for murder of Noorain and to pay fine of Rs.25,000.00, and in default to pay fine of Rs.25,000.00 to suffer rigorous imprisonment for one year. For the offence under sec. 363, the learned Judge sentenced him to suffer imprisonment for seven years and to pay fine of Rs.5,000.00 and in default to pay fine, to suffer imprisonment for three months. For the offence under sec. 201, the learned Judge sentenced him to suffer imprisonment for five years and to pay a fine of Rs.2,000.00 and in default to pay fine, to suffer rigorous imprisonment for one month. Learned Judge directed that the life imprisonment awarded for murder of Akbari Khatun and life imprisonment awarded for murder of Noorain to run consecutively. The sentence under Sec. 363 and 202 of the I.P.C have been ordered to run concurrently with sentences under sec. 302 of the I.P.C.
(2.)The facts leading to this appeal are as follows:- P.W.3-informant -Mohd. Iliyas Ansari resides at Nari Road, Kamgar Nagar, Nagpur with his wife and children. Deceased Akbari Khatun aged 13 years was his daughter and deceased Noorain aged 10 years was his son. P.W.3 - Mohd. Iliyas at the time of the incident was running a Tyre Shop at Uppalwadi. The appellant is brother-inlaw of the brother of P.W.3- Mohd. Iliyas by name Mohd. Shakil. They have acquaintance for last 20 years. Initially, the appellant was running a shop at Pardi Naka and thereafter he shifted his shop at Automotive Square, Teka Naka, Nagpur. He was dealing in the business of Tyre. P.W. 3 - Mohd. Iliyas would purchase old Tyre from the appellant. P.W.3 - Mohd. Iliyas owed Rs.50,000.00 to the appellant out of business transactions. There was dispute about the actual quantum. According to the appellant, the outstanding amount was Rs.1,50,000.00. The appellant repeatedly demanded the amount of Rs.1,50,000.00 from P.W.3 - Mohd. Iliyas. P.W.3 - Mohd. Iliyas requested him for time to pay the outstanding amount.
(3.)The appellant stopped his business at Nagpur and started working at his brother's Tyre remoulding shop at Seoni Madhya Pradesh. Fifteen days before the incident, the appellant made a phone call from his mobile number 9589319248 on the mobile of P.W.3 - Mohd. Iliyas being No.9421542536 and made the demand of the outstanding amount. P.W.3 - Mohd. Iliyas assured him to pay the amount between 5th and 10th dates of the next month. According to the prosecution, this was the motive for the appellant to commit the crime.