JUDGMENT :

SHIVKUMAR DIGE, J.

1. Appellant, Original Accused (for short “Appellant”) impugns Judgment and Order dated 12th September 2014 in Sessions Case No. 80 of 2011 passed by learned Additional Sessions Judge, Pune, whereby Appellant is convicted for the offence punishable under Section 302 of the Indian Penal Code, 1860 (for short “IPC”). Appellant is sentenced to suffer life imprisonment and to pay fine of Rs.2000/- in default of payment of fine, to suffer rigorous imprisonment for three months. Appellant is acquitted for the offence punishable under Section 404 of IPC.

2. Brief facts of the case are as under:

Deceased - Sudhakar Tribhuvan was residing along with his wife - Jyoti, daughter - Shilpa and son - Shubham in Flat No. 26A, Shukwani Residency, Dapodi, Pune. The said flat was owned by Sudhakar. In the year 2010, Shilpa was taking education in Ferguson College, Pune, and Shubham was taking education in 11th Standard in Kendriya Vidyalaya, Range-Hills, Khadaki, Pune. Mother of Sudhakar was suffering from cancer. One Christian person gave an oil bottle for treatment of mother of Sudhakar. After using that oil, mother of Sudhakar recovered from cancer, so Sudhakar developed faith in Christian Religion and his family accepted Christian Religion. Sudhakar and his family used to go to Church at Dapodi for prayers. In the Church, Sudhakar came in contact with Appellant a resident of Dapodi. Appellant used to come to the house of Sudhakar for prayer. In the month of August-September 2010, Jyoti, wife of Sudhakar went to her maternal house at Panvel to see a new born child of her brother, Yogesh Borade. Sudhakar was deeply in debt, so he sold his flat at Sukhwani Residency to Sanjay Bangar and also sold his car to other person. Appellant arranged a flat on rent for the family of Sudhakar at Williamnagar, Pimple Gurav, Pune owned by Shivanand Kale. On 1st October 2010, Sudhakar took voluntary retirement from his service. After going to her brother’s house at Panvel, wife of Sudhakar was not having any contact with her daughter and son but she was staying with Appellant.

On 12th October 2010, at about 1.30 p.m. when Shilpa was returning from her college, she got a call on her mobile from her father. He told her that, her mother met with an accident at Panvel and he intends to go to Panvel. When she got down from bus at Ramkrishna Mangal Karyalaya, she received phone call from Appellant, he told her that her father had gone to Panvel due to accident of her mother by locking house at Williamnagar. Appellant told her that, he has made an arrangement for her stay at Swapanapark, Katepuram Chowk, Pimple Gurav, so she should go there. Shilpa went at the address given by Appellant and after some time, Appellant came there and gave key of flat to Shilpa and some food for eating. After some time, Shubham returned from his college at Swapanapark flat. On 15th October 2010, the Police informed Shipla about murder of her father at Williamnagar house. After receiving infomration, Shilpa and Shubham went to house at Williamnagar. They identified the dead body of their father. Shilpa lodged complaint against Appellant alleging that, he was having close relationship with her mother and to remove Sudhakar from their way of close relationship, he committed murder of her father. Accordingly, FIR was registered against Appellant.

During investigation, Appellant was arrested from a bungalow at Gulabnagar. The police seized Rs.98,545/- from his pant pockets and shirt pocket under seizure panchanama. Thereafter, on the disclosure statement of Appellant, the Investigating Officer seized Rs.2,52,500/-and Rs.7,00,000/- under seizure panchanama. After completion of investigation, charge-sheet was submitted against Appellant.

3. The case was committed to the Additional Sessions Judge, Pune. Charge was framed against Appellant under above referred offences. He pleaded not guilty and claimed to be tried. The prosecution has examined in all 13 witnesses the sta