N.A. BRITTO, J.:- This appeal is by the accused, aged 24 years, who was charged and tried under sections 302, 394 and 201, I.P.C. and who has been convicted and sentenced under sections 302 and 394. I.P.C. for having robbed and murdered Smt. Aneya @ Baby Kerkar, aged 42 years, to life imprisonment and to rigorous imprisonment of ten years and to pay a fine of Rs.5,000/- on each count in default to undergo further imprisonment of six months.

2. The case of the prosecution was based on circumstantial evidence. As per the prosecution, the accused and the deceased were known to one another and on 28.11.2002, the accused phoned the deceased twice, as stated by her daughter, and thereafter the deceased Aneya left the house after 10.00 a.m. and whilst going, took with her a telephone bill to be paid, and her daughter's slippers to be exchanged, and on her way to Pernem, she took a lift from Sudin Malik/P.W.13 at about 10.30 a.m. from Suke Kulan to Pernem, near Sandesh Printers, (and not near the watch shop, where according to her daughter Sweta Kerkar/P.W.1, the accused had promised to meet her) and that was the last seen of her. It appears that her husband Anant/P.W.4, searched for her o

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