V.M. Deshpande, J.

1. Being dissatisfied and feeling aggrieved by the recording of find of guilt, and consequently imposing punishment for life by the learned Additional Sessions Judge, Basmathnagar, dated 15.4.2011 in Sessions Trial No.10 of 2010, the appellant has presented the appeal questioning his sentence, on account of offence punishable under Sections 302 and 201 of the Indian Penal Code.

2. The factual matrix, giving rise to the present appeal, can succinctly be narrated as under :-

PandurangKharate (PW-1), an agriculturist and resident of Kawatha, was returning to his house along with one Paraji on 29.7.2009 at 7.30 a.m. from their field. That time, they saw dead body of a girl by the side of field of one Raosaheb Pande. The dead body was lying in shrubs. They noticed that the deceased was having Jeans pant and T-shirt on her person. They informed the said fact to police patil Tukaram Kharate.

Police Patil Tukaram Kharate (PW-2), on receipt of the information from Pandurang Kharate immediately rushed to the spot and found that the body was lying there. He informed the said fact to the police station officer, Basmath.

3. Manik Perke (PW-36) was discharging his duties as police station officer, police station, Basmath. After getting the information from police patil of village Kawatha, the said information was conveyed to Manik Perke (PW-36) by police Head Constable Argade. On receipt of the information about the dead body being found in the field, he immediately rushed to the spot. A photographer was also taken by him. He saw dead body of young girl lying in shrubs on Kavatha to Kurunda road. He, therefore, directed photographer to take the photographs of that lady. He also called two panchas and in their presence an inquest panchanama was prepared. Same is at Exh.44. He then sent the dead body for postmortem along with the requisition (Exh.120). He also sent another requisition to the Medical Officer for preserving samples of blood and samples of body required for DNA test. The said requisition is at Exh.121.

The spot panchanama, in presence of panchas, was also drawn. He seized soil mixed with blood along with the plain soil. The said panchanama is at Exh.42.

As the dead body was of an unidentified lady, he tried to get the identification of the victim by making inquiry in the nearby vicinity, however, the identity was not established. Consequently, the dead body was kept in mortuary. The clothes of the deceased, after the postmortem, were seized in presence of panchas and the said seizure memo is at Exh.47.

4. On the conspectus of these facts, Manik Perke (PW-36) was of the view that some unknown person must have kidnapped the said girl and after commission of forceful sexual intercourse, eliminated the said girl, and therefore, he prepared a report and sent to the police station from the spot itself. The said report is at Exh. 122. On the basis of the said report, a crime No.126 of 2009 was registered against unknown person.

He received postmortem report on 29.7.2009, wherein the doctor has opined that the girl has died homicidal death.

5. On the next date i.e. on 30.7.2009, Manik Perke (PW-36) published photograph of the deceased in news papers in order to ascertain identity of the girl. He also sent viscera to the Chemical Analyser vide requisition Exhs. 18 and 19.

6. On 31.7.2009, the photograph of the deceased was sent through internet to all the police stations in Maharashtra, with an object to secure and establish the identity of the said unknown girl. Meanwhile, on 2.8.2009, the blood samples required for DNA test were received from the Medical Officer, which were sent to the Director, Forensic Laboratory, Kalina, Santacruz, Mumbai, vide communication, dated 2.8.2009 (Exh.85).

7. His efforts to establish the identity of the deceased got the desired results, when on 3.8.2009 he received a telephonic message from Chatushrungi police station, Pune that the dead body is of missing girl Shraddha Suresh