P.N. Deshmukh, J.

1. This appeal takes exception to the judgment and order dated 29th of November, 2011 passed by learned Extra Joint (Ad hoc) Additional Sessions Judge, Chandrapur in Sessions Case No.5 of 2010, thereby convicting the appellant/accused for the offence punishable under Section 396 read with Section 397 of the Indian Penal Code and sentencing him to suffer imprisonment for life.

2. In brief, it is the case of prosecution that PW 3 Riddhishwar Warjukar, the complainant, was doing money lending business at village Mohadi, Tq. Nagbhid, Distt. Chandrapur. On 3rd of November, 2003, he was at Nagpur with his family members leaving his mother Kasabai (deceased) and two servants being PW 1 Kewalram Dadmal and PW 2 Yadav Dudhkute in the house at Mohadi. It is alleged that in the night intervening 3rd of November, 2003 and 4th of November, 2003 at about 1.00 am, 20 to 25 persons having armed with sticks and other weapons, in order to commit dacoity, entered the house of complainant and killed Kasabai and injured PW 1 Kewalram and PW 2 Yadav, the servants. The dacoits ransacked the house of the complainant and looted cash to the extent of Rs.25,000/- by breaking almirahs and took away silver and gold ornaments and also ornaments on the person of deceased. The total booty of loot was worth Rs.20,85,000/. One Ashok Khanorkar, brother-in-law of complainant was informed by some persons from Mohadi about the information of dacoity in the house of complainant in the night. Accordingly, said information was given to complainant who got it confirmed from one Shantaram Deshmukh.

3. Police Officials of Nagbhid Police Station also received the information and arrived on the spot by 3 am. Complainant also reached his house at Mohadi and found that dacoity was committed in his house and the household articles were scattered and broken. On the basis of report lodged by PW 3 Riddhishwar vide Exh.22 offence came to be registered and was investigated.

4. During the course of investigation police inspected the spot and other places in the vicinity and seized some Bidi ends and some tickets of travels from under the mango tree by the side of the road. On conducting inquest panchanama, dead body of Kasabai was sent for Post Mortem and clothes of PW 1 Kewalram, PW 2 Yadav, injured, were seized. Thereafter, police conducted raid on the tents situated at the bank of river Chandan at village Bitli and apprehended five persons on suspicion including Sau. Meera @ Rekha Pawan Kale @ Pawar, wife of present appellant, along with two women and recovered silver and gold ornaments and cash worth Rs.5,74,055/- from them which came to be seized. It is the case of prosecution that chance print of palm was found on the glass of Almirah which was obtained by the investigating agency and was forwarded to PW 7 Jayant Rachalwar, fingerprint expert, which was certified by him to have matched with the impression of palm from the record maintained in his office of accused person involved in decoity cases in Crime No.64 of 1997 and Crime No.143 of 1995 registered by Police Station Sindhkhedraja and Police station Ladkhed, respectively. On the basis of such fingerprint expert’s report, it revealed that appellant was present at the time of commission of dacoity with murder and was absconding from the date of incident. Thus, police had filed charge-sheet against other accused, who were arrested, showing present appellant as absconding. The trial of co-accused was held and concluded, vide Sessions Case No.22 of 2004.

5. The custody of present appellant was accordingly sought from the crime in which he was already arrested and on effecting his arrest in the present Crime on completion of investigation, charge-sheet came to be filed against the appellant before the learned Judicial Magistrate (F.C.), Nagbhid. During the course of time, case came to be committed for trial to the court of Sessions. The palm print of both hands of appellant were obtained before the court