The prosecution must establish a complete chain of circumstances and ensure the reliability and safety of evidence, failing which the accused is entitled to the benefit of doubt.

JUDGMENT

Shrikant D. Kulkarni, J. - This appeal is directed against the impugned judgment and order of conviction passed in Sessions Case No. 7/2013 by the Additional Sessions Judge, Sangamner, Dist. Ahmednagar thereby, convicting the appellant/accused to undergo imprisonment for life and to pay fine of Rs.5,000/- and in default, to suffer rigorous imprisonment for three months for the offence punishable under section 302 of I.P.C. and further sentenced to undergo rigorous imprisonment for 10 years and to pay fine of Rs.10,000/- with default clause for the offence punishable under section 376 of I.P.C.

2. The facts of the prosecution case in narrow compass are as under :-

(a) Sopan Raghunath Barde is a resident of Rahidanda Mandve (Bk) Shivar, Tal. Sangamner, Dist. Ahmednagar. He is residing there along with his family members. Sonali, aged 14 years (since deceased) was his daughter. Sonali had left the school in 4th Std. and she was helping her parents in agricultural field as well as in domestic work.

(b) On 08.12.2012, Sopan (first informant) had been to Sangamner along with his cousin brother-in-law Sunil Narayan Pawar to complete registration formalities of his newly purchased a vehicle Mahendra maxima. On that day, in the morning at about 10.00 a.m. Sonali along with her maternal aunt had left for agricultural labour work in the field of Namdev Gaikwad. The first informant could not meet his daughter in the afternoon at about 4.00 p.m. when they left for Sangamner.

(c) The arrival of first informant from Sanganmer was delayed and therefore, he asked to his nephew (accused) - Tanhaji Barde on phone to make enquiry about daughter Sonali. In response, the accused informed to the first informant that Sonali had left his house. It was about 8.00 p.m.

(d) The first informant along with his wife came to their house at about 9.30 p.m. and went to bed. On the next day in the morning i.e. on 09.12.2012 at about 6.30 a.m. the first informant called to the accused on his phone and asked to send Sonali to his house. At that time, the accused informed to the first informant that Sonali had already left to his house in the night itself and Sonali did not come to his house on that night. Due to which the first informant started search for his daughter Sonali with relatives as well as maternal aunt of Sonali, but Sonali could not found. In the evening at about 5.00 p.m. the first informant was on the way to one foreteller of village Deswade, Taluka Parner when his cousin nephew Dattu Radhu Barde informed that dead body of his daughter Sonali is found in a ditch of Mandve Shivar and he should rush immediately. The first informant rushed to the said spot. He noticed that the dead body of his daughter Sonali was lying supine in the ditch in a naked condition on the quilt of his house. Mr Bajirao Khemnar, Police Patil of village Mandve (Bk.) gave information to the Police Station, Ghargaon about dead body of Sonali lying at Khilyacha Khadda Rahidanda. The first informant lodged F.I.R. against unknown person for committing murder of his daughter Sonali.

(e) The investigation of Crime bearing No. 94/2012 under section 302 of I.P.C. was entrusted to Police Inspector Mr Tambe. Police Inspector Mr Tambe prepared inquest panchanama and thereafter sent the dead body for postmortem examination to Rural Hospital at Sangamner. On the very day, he prepared spot panchanama. He recorded the statements of witnesses. Samples for D.N.A. were collected and sealed and packed and sent to D.N.A. for expert opinion.

(f) Other samples of deceased which were collected by the Medical Officer, Rural Medical College at Loni were sent to Chemical Analyzer for analysis and report.

(g) During postmortem examination, it was revealed that deceased Sonali was carrying pregnancy. The Medical Officer collected routine samples for chemical analysis as well as collected sample for D.N.A. test and preserved fetus for D.N.A. test. The first informant after knowing about pregnancy of Sona