P.V. Hardas, J.

The Appellant who stands convicted for an offence punishable under Sections 302, 392 and 201 of the Indian Penal Code and sentenced to imprisonment for life and fine of Rs.2000/- in default of which to undergo S.I. for one year, R.I. for seven years and to pay fine of Rs.1000/- in default of which to undergo S.I. for six months and R.I. for three years and to pay fine of Rs.5000/- in default of which to undergo S.I. for three months, by the 5th Additional Sessions Judge, Pune, by Judgment dated 18.06.2004, in Sessions Case No.507 of 2001, by this Appeal questions the correctness of his conviction and sentence.

2. Facts in brief as are necessary for the decision of this Appeal may briefly be stated

thus:-

PW-11, P.I. Surendra Deshmukh, who was attached to Police Station Jejuri, District Pune on 21.07.2001, recorded the report of PW-1 Amol in respect of his mother and his brother Abhijit being missing from the house since 16.07.2001. On the same day i.e. on 21.07.2001, the Appellant – Accused No.1 Bhagwan was brought to the Police Station by PW-1 Amol and others. Accordingly, the missing report at Exhibit 15 was recorded and registered as Missing Report No.10 of 2001. During the interrogation of the Appellant, Appellant expressed his willingness to point out the place where the dead bodies of deceased had been thrown in the agricultural field. Accordingly, a memorandum at Exhibit 47 was drawn in the presence of the panch witnesses. Subsequent to the drawing of the memorandum, the Appellant led the police and the panch to the house of Accused No.2 and thereafter, led the police and the panch to the agricultural field of one Dnyandeo Sonba Shitole at Patas. The Appellant led the police and the panch to the sugarcane crop and pointed out the place where the dead body of deceased Abhijit was lying. A pair of chappals was also noticed lying near the dead body of Abhijit. The Appellant then led the police and the panch to land of Kashinath Kokate at Patas and pointed out the place in the sugarcane crop where the dead body of deceased Alka was lying. They noticed an umbrella, a bag, ladies chappal and four toe rings lying near the dead body of deceased Alka. Accordingly, a panchnama at Exhibit 48 was drawn and the articles found at the scene of the incident were seized. The dead bodies were identified to be the dead bodies of deceased Alka and deceased Abhijit. An inquest panchnama of the dead body of deceased Abhijit was drawn at Exhibit 49 and the inquest panchnama of the dead body of deceased Alka was drawn at Exhibit 50. Since the dead bodies were decomposed, the Medical officer was requested to conduct the post-mortem at the scene of the incident itself. After the completion of the post-mortem examination, the clothes of the deceased were seized under seizure memos at Exhibit 51. Since the evidence disclosed the commission of offence by the Accused, PW-11 – P.I. Surendra Deshmukh lodged his report on behalf of the State at Exhibit 61. On the basis of the report at Exhibit 61 an offence punishable under Sections 302, 201, 403 r/w. 34 of I.P.C. was registered against the accused vide Crime No.66 of 2001. The Accused was accordingly arrested at about 10.30 p.m. Statements of witnesses were recorded during 22.07.2001 to 03.08.2001. During custodial interrogation, the Appellant expressed his willingness to point out the shops of the goldsmith at Village Baramati and Nira in Pandharpur Taluka where ornaments had been sold. Accordingly, a memorandum at Exhibit 52 was drawn in the presence of panchas. The Accused, thereafter, led the police and the panch to the shop of the jeweller viz. PW-5 Shankar from whom a photocopy of the receipt at Exhibit 36 was seized. The Appellant then led the police and the panch to the jewellery shop of PW-4 Shantikumar at Neera from where a golden chain (Article 14) and a nose pin were seized. The Appellant then led the police and the panch to the jewellery shop of PW-6 Anil from whom a