SANTOSH PADU SINARE Vs. STATE

JUDGEMENT

(1.) Heard.

(2.) The appellant / accused was convicted and sentenced for offence punishable under section 302, 363 and 201 of the Indian Penal Code vide judgment and order dated 13.1.2004 passed by the Sessions Judge, Raigad at Alibag in Sessions Case No. 149 of 2003. He was sentenced to suffer imprisonment for life for offence punishable under section 302 and for other offences three years and fine of Rs.500/- in default to suffer S.I. for 15 days. Substantive sentences were directed to run concurrently.

(3.) The prosecution case in brief is that the accused was residing adjacent to the house of the complainant. The said house consisted of two rooms. Accused was staying alone in the said house. He was a mason. Complainant P.W. 2 Suresh Harischandra Tokare is also a mason. They were knowing each other very well. At times both of them used to go together for doing labour work. Sankrant day fell on 14 th January 2003. The prosecution case is that on the said day Sneha daughter of P.W. 2 Barku Ganpat Karale left the house for distributing Tilgul to villagers at about 5 to 5.30 p.m. P.W. 2 had one son and a daughter. In the evidence P.W. 2 Barku stated that when he returned home he enquired about his daughter with his wife who informed that she had gone out to distribute Tilgul and to play but so far she did not return. P.W. 2 asked the wife to search the daughter in the house of his elder brother. The wife went out to search but could not trace the daughter. The wife had even visited the house of elder brother. Search started thereafter.