T.V. NALAWADE, J.

1. The appeal is filed against the judgment and order of Sessions Case No. 111/2009, which was pending in the Court of Additional Sessions Judge, Osmanabad. The appellant is convicted for offences punishable under sections 302 and 376 (f) of Indian Penal Code ["I.P.C." for short] and on each count, the appellant is sentenced to suffer imprisonment for life and to pay fine of Rs. 25,000/-(Rupees twenty five thousand). Both the sides are heard.

2. The first informant Promod Kondare is a resident of village Chikarde, Tahsil Barshi, District Solapur. The deceased Pranita was a daughter of Promod and Manisha is the wife of Promod. The deceased was aged about 6 years. Annasaheb Thorat is a cousin on maternal side of Promod and Annasaheb is a resident of village Kaudgaon, District Osmanabad. Appellant/accused was a friend of Annasaheb and they had lived together in one room in Pune for some time when both of them were working in Pune. The native place of accused is Vairag, Tahsil Barshi, District Solapur. The accused was aged about 23 years at the relevant time.

3. Marriage of Annasaheb was to be performed on 7.5.2009 at Kaudgaon. Many relatives and friends of Annasaheb had come to Kaudgaon few days prior to the date of marriage. Promod, Manisha, two daughters of Promod and son of Promod were present in Kaudgaon on 4.5.2009. The accused was also present in Kaudgaon on that day and all of them had come to attend the marriage. The accused was known to few persons from Kaudgaon as accused had worked in the field of one Pandurang Thorat of Kaudgaon for some time in the past.

4. On 4.5.2009, in the noon time, the accused left Kaudgaon, by saying to Annasaheb that he was proceeding to Osmanabad. On the way he met Jainuddin Shaikh of Kaudgaon at bus stand of Kaudgaon. When he was leaving for Osmanabad, he invited Jainuddin to come with him to Osmanabad, where the accused wanted to give a liquor party. They together went to Osmanabad. They met three more friends of Kaudgaon at Osmanabad. The accused purchased liquor bottle of 750 M.L. in Osmanabad and they enjoyed liquor at a Dhaba. From there, the accused and Jainuddin returned to Kaudgaon. At Kaudgaon, accused purchased one more bottle of liquor and this liquor was consumed by accused and Jainuddin. When they are present at bus stand of Kaudgaon, Annasaheb Thorat came there at about 8.30 p.m.. Annasaheb became angry after seeing that accused was drunk. Annasaheb knew bad habits of accused and so he asked accused to go to the house of Annasaheb, where the accused was to take dinner.

5. After 9.00 p.m. the accused, Promod and Gangaram Bhosle (maternal uncle of Annashabe) took dinner in the house of Annasaheb. Manisha helped mother of Annasaheb, Taramati, to serve the dinner to these persons. These ladies had already served dinner to children, boys and girls, who had come there and they were made to sleep on the platform (Ota) of the house of Annasaheb. This platform is situated by the side of village road. On the same road, at some distance, there is the house of Kashinath Lohar and this house has also platform adjacent to the road. Some male persons, who had come to Kaudgaon to attend the marriage, were to sleep on the platform of the house of Lohar on that night.

6. After taking dinner, Promod went to the platform of the house of Lohar for sleeping. The accused was to sleep in the cattleshed of house of Pandurang Thorat, as he knew Pandurang Thorat. After the dinner, the accused went to platform of the house of Annasaheb, where alongwith other children and girls, deceased Pranita was sleeping. Gangaram was present in the vicinity of this platform. One Nagnath Thorat, who prepares food items in functions like marriage, came there to help the ladies for preparing food items for Shidori [in Shidori gifts of food articles are given to the parents of bride]. When accused was present on the platform of the house of Annasaheb, he first took a boy away from the pl