JUDGMENT :

MILIND N. JADHAV, J.

1. This Criminal Appeal is filed to question legality of Judgment and Order in Sessions Case No. 13 of 2012 dated 17.03.2015 passed by the Additional Sessions Judge, Jaysingpur, District Kolhapur (Trial Court).

2. Appellant is convicted by the trial court for the offence punishable under section 302 of the Indian Penal Code, 1860 (for short ‘IPC’) and is sentenced to suffer rigorous imprisonment for life and to pay fine of Rs 1000/-, and in default thereof to suffer further rigorous imprisonment for two years. Accused is also convicted for offence punishable under section 309 IPC and sentenced to suffer rigorous imprisonment for one year. Both sentences to run concurrently.

3. Prosecution case is based on circumstantial evidence. Prosecution has heavily relied on “last seen together theory” for indicting the Appellant/accused. Shorn of unnecessary details, facts of the prosecution case which emerge from record are as under:

3.1. On 02.05.2012, Pandurang Ramchandra Kamble (father of Geeta), resident of Rui, Kolhapur, lodged First Information Report (for short ‘FIR’) bearing Crime No. 53/12 with Kurundwad Police Station against Appellant under sections 302