V.M. Deshpande, J.

1. On reference being made by learned Additional Sessions Judge, Washim, the present Confirmation Case bearing Criminal Confirmation Case No. 1/2014 arises for confirming the capital punishment awarded by learned Addl. Sessions Judge, Washim in Sessions Trial No. 51/2012 to condemned prisoner-Ramesh Jijeba Lahane.

Ramesh Lahane has also independently challenged the said judgment by presenting Criminal Appeal No. 301/2014. According to him, not only the capital punishment is excessive but the very finding of the learned Judge of the Court below holding him guilty of committing murder of Vishwanath Lahane, is unsustainable.

(I) FACTUAL MATRIX

The prosecution case as it is unfolded during the course of the trial, is narrated as below:-

Namdeo Wamanrao Rathod (PW 10) on 11.2.2012 was discharging his duties as Police Station Officer of Police Station, Washim (Rural).

On 11.2.2012 Atmaram Ukanda Kalbande, Police Patil of village Zakalwadi came to Police Station, Washim (Rural). He gave report (Exh. 32) that at 4 o' clock in the noon on 11.2.2012, he received information that there is one dead body in the well situated in the agricultural field of Pralhad Chintaman Kalbande. He further reported that on getting such information, he along with Pralhad went to the field to notice that dead body of a unknown person was inside the well and it was stinking.

Upon receiving such information through report (Exh. 32), Namdeo Rathod (PW 10) registered an accidental death vide A.D. No. 9/2012 under Section 174 of the Code of Criminal Procedure (Cr.P.C.) {Exh. 31}.

2. After registering A.D. No. 9/2012, Namdeo Rathod came to Police Station, Washim (City) for obtaining information about missing persons. It was informed to him that one missing report dated 7.2.2012 is with Police Station, Washim (City) in respect of one Vishwanath Lahane, who was missing from 5.2.2012. The said report was given by son of Vishwanath, by name, Shankar. Namdeo Rathod (PW 10) obtained the said missing report (Exh. 36). He contacted Shankar and informed him that one dead body was found in a well situated at Zakalwadi and, therefore, for identification purposes, he was called on 12.2.2012.

3. On 12.2.2012, PW 10-Rathod along with his Police Staff and Panch, Police Patil went to the spot. Shankar Lahane and his relatives were also present. Namdeo Rathod (PW 10) directed two persons to go inside the well to fetch the dead body. The dead body was fetched outside the well. PW 10-Namdeo Rathod noticed that the body was beheaded and the stomach of the said body was cut in a straight direction. The said body was of a male person.

4. Shankar Lahane noticed corn on the leg of the dead body and he identified that the dead body was of his father Vishwanath Lahane.

The well in which dead body was found was constructed one and was 60 feet deep having width of 4 feet. Namdeo Rathod (PW 10) noticed blood on the edge of the well on the southern side. The said was seized by him. He prepared the Panchnama of the said spot. The said Panchnama is at Exh. 57.

5. PW 10 Rathod immediately called Dog Squad. He also requisitioned a photographer-Vishal Wankhede who took eight photographs, according to his directions. Those photographs are at articles A-1 to A-8. The necessary professional charges were given to the Photographer to the tune of Rs. 1,100/- and two receipts Exhs. 87 and 88 were obtained from him.

PW 10-Rathod in presence of Panchas also drawn the inquest panchnama (Exh. 55).

6. At about 2 O' clock in the noon the Dog Squad reached the spot. Rathod (PW 10) directed the Dog Handler Police Constable (Buckle No. 1523) to give direction to the dog. After the trained dog completed its sniffing, a detailed panchnama was prepared. During this process, articles which were found, were seized by PW 10-Rathod under seizure panchnama (Exh. 56). The Dog Handler also prepared a panchnama in respect of the work done by dog (Exh.60).

7. The dead body was sent to Rural Hospital, Washim by P