STATE OF MAHARASHTRA, Vs. MANOJ

JUDGEMENT

(1.) For the sake of convenience, accused are referred as mentioned in the Charge Exh.100.

(2.) The learned District Judge-2 and Additional Sessions Judge, Yavatmal vide its Judgment in Sessions Trial No.114 of 2013, dated 14th August, 2017 found Original accused no.1 Manoj @ Lalya Vasantrao Atram, Original accused no.2 Devidas Punaji Atram, Original accused no.3 Yadavrao Tukaram Tekam, Original accused no.4 Punaji Mahadev Atram, Original accused no.6 Motiram Mahadev Meshram and Original accused no.7 Sau.Yashodabai Pandurang Meshram guilty for commission of offence punishable under Section 302 r/w. 34 of the Indian Penal Code and they are sentenced to suffer death penalty to be hanged by neck till their death as envisaged under Section 354(5) of the Code of Criminal Procedure.

(3.) In brief, it is the case of prosecution that deceased Sapna, aged about seven years was daughter of PW-1 Sharda Palaskar and PW-3 Gopal Palaskar, resident of Choramba and from 24.10.2012 as she was missing, PW-3 Gopal lodged missing report. 15 to 20 days thereafter one Pandurang Khaire came to house of parents of deceased and informed them that, at village Murli, he was told by one of the villagers of his hearing sound of some girl, weeping and accordingly, on 19.11.2012, PW-1 Sharda, mother of deceased lodged report vide Exh.112 with Police Station, Ghatanji, on the basis of which Crime No.95 of 2012 at Exh.113 came to be registered on 20.11.2012 for the offences punishable under Sections 363, 364 r/w. 34 of the Indian Penal Code by one Arun Gurnule, Assistant Police Inspector, Police Station, Ghatanji (not examined).