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