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 Ka