JUDGMENT

P.N. Deshmukh, J. - For the sake of convenience, accused are referred as mentioned in the Charge Exh.100.

2. The learned District Judge-2 and Additional Sessions Judge, Yavatmal vide its Judgment in Sessions Trial No. 114 of 2013, dated 14th August, 2017 found Original accused no.1 Manoj @ Lalya Vasantrao Atram, Original accused no.2 Devidas Punaji Atram, Original accused no.3 Yadavrao Tukaram Tekam, Original accused no.4 Punaji Mahadev Atram, Original accused no.6 Motiram Mahadev Meshram and Original accused no.7 Sau.Yashodabai Pandurang Meshram guilty for commission of offence punishable under Section 302 r/w. 34 of the Indian Penal Code and they are sentenced to suffer death penalty to be hanged by neck till their death as envisaged under section 354(5) of the Code of Criminal Procedure, 1973.

Above accused are further convicted for the offence under Section 120(B) r/w. 34 of the Indian Penal Code and are sentenced to suffer imprisonment for life and to pay a fine of Rs. 5,000/- each, in default of payment of fine, to suffer rigorous imprisonment for six months. Above accused are further convicted for the offence punishable under Section 201 r/w. 34 of the Indian Penal Code and are sentenced to suffer rigorous imprisonment for five years each and to pay a fine of Rs. 2,000/- each, in default of payment of fine, to suffer rigorous imprisonment for two months.

Original accused no.1 Manoj Atram, accused no.3 Yadavrao Tekam and accused no.7 Yashodabai Meshram are further convicted for the offence punishable under Section 363 r/w. 34 of the Indian Penal Code and are sentenced to suffer rigorous imprisonment for a term of seven years and to pay a fine of Rs. 3,000/- each, in default of payment of fine, to suffer rigorous imprisonment for two months. Said accused are also convicted for the offence punishable under Section 364 r/w. 34 of the Indian Penal Code and are sentenced to suffer rigorous imprisonment for a term of seven years and to pay a fine of Rs. 3,000/- each, in default of payment of fine, to suffer rigorous imprisonment for three months on this count also.

Original accused no.8 Durga Sitaram Shirbhate is convicted for the offence punishable under Section 120 (b) r/w. 34 of the Indian Penal Code and is sentenced to suffer rigorous imprisonment for five years and to pay a fine of Rs. 3,000/-, in default of payment of fine, to suffer rigorous imprisonment for two months.

As required under section 366 of the Code of Criminal Procedure, 1973 reference is made to this Court by the learned trial Court for confirmation of death sentence awarded to above accused while Criminal Appeal No. 515 of 2017 is filed by appellant nos. 1 to 7 being aggrieved by the Judgment recorded as aforestated. No appeal is preferred by accused no.8 Durga Sitaram Shirbhate.

3. In brief, it is the case of prosecution that deceased Sapna, aged about seven years was daughter of Pw-1 Sharda Palaskar and Pw-3 Gopal Palaskar, resident of Choramba and from 24.10.2012 as she was missing, Pw-3 Gopal lodged missing report. 15 to 20 days thereafter one Pandurang Khaire came to house of parents of deceased and informed them that, at village Murli, he was told by one of the villagers of his hearing sound of some girl, weeping and accordingly, on 19.11.2012, Pw-1 Sharda, mother of deceased lodged report vide Exh.112 with Police Station, Ghatanji, on the basis of which Crime No. 95 of 2012 at Exh.113 came to be registered on 20.11.2012 for the offences punishable under Sections 363, 364 r/w. 34 of the Indian Penal Code by one Arun Gurnule, Assistant Police Inspector, Police Station, Ghatanji (not examined). Report Exh.112 was lodged by PW-Sharda against one Ashok Darshanwar, resident of Ghatanji, District Yavatmal, Bapu Yambadwar, r/o. Belora, Tq.Ghatanji, District Yavatmal and Raju Taksande, r/o. Murli, Tq.Ghatanji, District Yavatmal and 34 unknown persons alleging that the above named persons along with 34 others kidnapped minor girl Sapna from village C