STATE OF MAHARASHTRA Vs. SURESH

JUDGEMENT

(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 I Arvi, District Wardha and that she resides - along with her four sons, namely, Ramesh-war (P. W. 5), Sanjay (P. W. 6), Raju (P. W. 16) and Ravi, in their ancestral house (Wardha). 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.) AFTER his trial in the above mentioned case, the accused was acquitted some time in November 1995. It appears that Sanjay was also acquitted in the mur­der case in which he was involved. After his acquittal, the accused had come to Arvi and met Sanjay. According to the prosecu­tion, on 21-12-1995 the accused once again came to Arvi and this time he stayed with Sanjay at his house. On the next morning, ie., on 22-12-1995, the accused had tea with Rameshwar. At that time, Sneha was present. The accused is said to have en­quired with Sneha, whether she would be able to consume a glass of milk. Sometime thereafter, Raju came there and he took Sneha to a barber's shop for getting her hair cut. At that time, the accused in­structed Raju to get the hair cutting of Sneha done properly. After Raju left for barber's, shop, the accused followed him there. In the afternoon, at about 3.00 p.m., P.W. 1, Laxmibai was alone present in her house. Sneha was playing outside the house. At that time, the accused came there and asked Laxmibai as to whether Sanjay was present. Laxmibai told him that Sanjay had gone to attend the Court. Thereafter the accused left the place. Ac­cording to the prosecution. Sneha was found missing thereafter. On the same day at about 3.30 p.m., the accused is said to have visited the grocery shop of P.W. 8 Mahadeo and bought some peppermints to pacify Sneha who was then crying. Thereafter at about 4.00 p.m., the accused along with Sneha visited the Pan-shop of P.W. 14 Motiram. At 4.3.0 p.m., P.W. 3 Syed Niyamatamat Ali saw the accused going with Sneha towards the site of Bamalda Dargah.