JUDGMENT

V. K. Jadhav, J. - This is an Appeal preferred by the sole accused against the Judgment and Order of conviction passed by the V Additional Sessions Judge, Solapur dated 30.10.1999 in Sessions Case No. 81 of 1999. The learned V Additional Sessions Judge, Solapur convicted the Appellant-accused for the offence punishable under Section 302 of the Indian Penal Code and sentenced him to suffer imprisonment for life and also to pay fine of Rs. 2,000/- I. D. to suffer R.I. for three months.

2. The prosecution case is as under:

The Appellant-accused was prosecuted for having committed the murder of his own daughter, namely, Heena by strangulation at his residence in Block No.6, Everest Apartment, Hotgi Road, Solapur. One Gausiya Begum was given in marriage to Appellant-accused in the year 1986. The said Gausiya Begum was daughter of PW 2-Iliyas Khan. The said Gausiya Begum died on 16.07.1997 leaving behind her two daughters, namely, Reshma and Heena. Since her death, the Appellant-accused was staying with his two minor daughters in Block No.6 on the second floor in Everest Apartment at Solapur. According to the prosecution, the accused was feeling lonely after the death of his wife Gausiya Begum. Thus, he made up his mind to get remarried. He had strained relations with his first wife PW 7-Jaibunnisa and thus it was difficult for him to live in the company of his first wife along with daughters. It is also the prosecution case that the accused was thinking that his two daughters are obstacles for his remarriage. Deceased Heena was not keeping good health since 23.11.1998. She was, therefore, not attending the school. She was under the treatment and the accused himself taken her to the hospital of PW 8-Dr. Milind Kulkarni at Solapur on 2-3 occasions. On 14.12.1998, his another daughter PW 4-Reshma had complained about pains in her abdomen and she had shown her reluctance to attend the school on that day. However, the accused asked her to attend the school on that day with concession to take off on the next day. Thus, PW 4-Reshma went to school in the morning. The accused and his younger daughter Heena remained at home.

In between 10.30 a.m. to 10.45 a.m. the accused informed to PW 6- Shahanaz that Heena was dead. Thereafter the message has given to some other persons. Even the neighbours are also arrived at the flat of the accused. Some lady members removed the linen on the dead body and noticed some marks below the chin so also on the throat of the deceased Heena. PW 3-Mumtaz, maternal aunt of deceased Heena also got the information about the death of deceased Heena and thus along with her two sisters started proceeding towards the flat of the accused. On way, their father also accompanied them. They had also seen the same marks below the chin and on the throat of the deceased Heena. PW 2-Iliyas Khan Pathan suspected about the murder of deceased Heena. He has, thus, lodged the complaint against the accused. Initially on the basis of report of the accused, A. D. No. 125 of 1998 came to be registered in the concerned police station. However, on the basis of complaint lodged by PW 2-Iliyas Khan Pathan, who is witness, crime came to be registered against the accused. Thus, the Investigating Officer has carried out the investigation and submitted the charge-sheet against the accused for having committed the murder of his daughter Heena as she was hurdle for his second marriage.

3. The learned Additional Sessions Judge has framed charge against the accused for the offence punishable under Section 302 of the IPC. The accused pleaded not guilty to the charge and claimed to be tried.

4. According to the defence of the accused that his daughter deceased Heena was suffering from Malaria and it was not under control. Even though the treatment was being given, there was no improvement. Prior to the present incident, there are some instances of broad day dacoity and killing in Everest Apartment. On 14.12.1998, since 8.00 a.m. accused went to gr