N. V. DABHOLKAR, J.

( 1 ) BOTH these proceedings, i. e. Reference submitted by IInd adhoc Additional Sessions Judge, Ahmednagar, under Section 366 of the Code of Criminal procedure, 1973 for confirmation of death sentence, and the appeal against conviction under Section 374 (2) of the Code of Criminal procedure, by original accused No. 1, arise out of the judgment and order dated 14-2-2005, delivered in Sessions Case No. 34 of 2003. At the conclusion of the said Sessions Trial, appellant-accused No. 1-Goraksha is held guilty for offences punishable under Sections 302 and 201 of Indian Penal Code. He is sentenced to death (to be hanged by neck till he is dead), fine of Rs. 10,000/-, in default, simple imprisonment for one month on account of finding of guilty, so far as charge of murder is concerned. He is also sentenced to suffer rigorous imprisonment for seven years and fine of Rs. 10,000/-, in default simple imprisonment for one month on the second count, i. e. for offence punishable under Section 201 of I. P. C. Accused No. 2 - Mininath (younger brother of present appellant) and accused No. 3 Sunita (wife of present appellant), who were charged together with present appellant Goraksha as co-accused; are acquitted by the Trial Court of all the charges levelled against them.

( 2 ) PECULIARITY of the case is that, the investigation was set into motion, not by any first Information Report, but by the dead bodies of the three victims, recovered in two different trains at two different locations, namely, Daund (District Pune, Maharashtra) and Bhopal (Madhya Pradesh ). On reference to the depositions of PW-8 B. B. Joshi, then working as Deputy Station Manager (Commercial) at Bhopal Railway Station, PW-9 premchand Jatav, Deputy Station superintendent of Bhopal Railway Station, and pw-11 Someshwar Mishra, ASI attached to bhopal Railway Police Station, it appears that one black coloured unclaimed trunk (metallic box) was noticed in Bogie No. S-6 of Train no. 2779 (Goa-Nizamoddin Express), which arrived at Bhopal Railway Station on 25-10- 2002 at about 7. 10 p. m. (19. 10 hours ). Existence of such trunk was informed to PW- 8 on telephone at about 19. 05 hours, by commercial Controller, Abhijaganj Railway station. Shri. Joshi gave this intimation in writing to Railway Policerbhopal. PW-9 Shri. Jatav had learnt this by a written memo sent to him, by Shri. R. K. Arora, Train Ticket examiner (TTE), who had informed that, blood was flowing out from the said black coloured trunk. ASI Someshwar Mishra (PW-11), had swung into action on receipt of communication (Exhibit 62) from PW-8 Balkrushna Joshi. It appears that, PW-11 drew the panchanama of the trunk in the presence of PW-9 Premchand and one Rajiv Chavan (Exhibit 66) and also seized sample of blood flowing from the trunk (Exhibit 67 ). ASI Mishra appears to have drawn the sketch of the location of the trunk in the train (Exhibit 70 ). The trunk was brought to railway Station, which had two locks, one of white colour and another of blue colour. Upon opening the trunk, the same was found to contain the dead body of a male. Upon opening the trunk in presence of Dr. Harsh Sharma, photographs of the dead body were taken. There was a lace around the neck, covering the throat. Blood was flowing from mouth and nostrils. There was a sari placed on the dead body. Dr. Harsh Sharma advised ASI Mishra to get DNA done, vide communication (Exhibit 71 ). After sending the dead body in the trunk to the mortuary, vide Exhibit 72. ASI Mishra registered A. D. No. 02 of 2002 under Section 174 of the Code of Criminal Procedure, 1973 (Exhibit 73 ). ASI Mishra has also drawn inquest of dead body in presence of panchas (Exhibit 75 ). Of course, here the dead body is said to be of unknown male. The dead body was sent for post-mortem with forwarding letter (Exhibit-77 ). Exhibit-80 is the report by PW-19 medical Officer Dr. Smt. Rajani Armit arora, after performance of autopsy and she has opined that, "de