Biren Vaishnav, J.

1. This appeal has been filed by the accused, he having been convicted for offences under sections 302, 397, 201 and 363 of Indian Penal Code. By the impugned judgment and order dated 15.03.2012 passed by the learned Sessions Judge at Rajpipla, the accused has been convicted and sentenced to undergo life imprisonment.

2. The case of the prosecution as per the charge at Exh. 5 is that between 5.P.M of 12.11.2011 and 9.A.M of 15.11.2011. Jayendra Devdutt Dave was found dead in room No. 8 of the Garudeshwar guest-house. The death occurred due to strangulation with the help of a nylon rope which the accused used, when he was the co-occupant with deceased at room No. 8 of the guesthouse. After having committed the act, the room was locked from outside and the keys were thrown away. The accused took away the mobile and the cash of the accused. The accused was therefore also charged for offences under sections 302, 397 and 201 of IPC.

3. The deceased's daughter Neha was also at the guest-house and was kidnapped and therefore section 366 was also invoked against the accused.

4. Harishchandra Purshottam Navre, was a clerk working at the guest-house at Garudeshwar. In the morning of 15.11.2011, while he was at the guest house office, sitting with Manager Bakulbhai Vasantbhai Godbole and Somabhai Tadvi, one of the guests of the guest-house who was leaving, informed Bakulbhai, the manager that a foul smell was emanating from the room No. 8 of the guest-house. On being so informed, he alongwith the sweeper Soma Himmat Tadvi went to room No. 8 and found the room locked from outside. When they peeped into the room from the window, they found a body of a man lying covered with a quilt. They went back to the room and informed the Manager who in turn informed the police. The police arrived soon. The room was opened with a second set of keys that the manager had. On opening the room, they found that a green colored nylon rope was tied around the neck of the body and the other side of the rope was tied to the iron cot. Blood was oozing out of the wound. Maganbhai Desaibhai Patel, the accountant working at the guest-house, on examination of the register found that the room No. 8 was allotted on 12.11.2011 to one Jayendra Devduttray Dave, a resident of Himmatnagar who had entered the details in the register in his own handwriting. The details of the register further revealed that the check out date was shown as 13.11.2011. The register further showed that in addition to the signatory to the register, the number of other guests was shown to be two. The informant in the FIR stated that he had not seen the third occupant of the room, however, from the register and the entry No. 2657 of that register showed that the room was occupied by three guests.

5. The first informant Harishchandra Purshottam Navre was examined as PW-6, at Exh. 29. He stated in his testimony that he was working as a clerk at the Garudeshwar guest house. Bakuleshwar Vasantray Godboley was the manager and Maganbhai Desai was the accountant. Soma Himmat Tadvi was also working at the guest-house. The guest-house had eight rooms. On 15.11.2011, when he was on duty and was in the office with the Manager and the sweeper Somabhai Tadvi, the tourists who had come the previous day from Gujarat, were leaving after returning the keys of the room. One of the guests informed the manager Bakulbhai that a foul smell was coming from room No. 8 of the guesthouse. He alongwith Somabhai went to the room and found the room locked from outside. When they peeped in from the open window, they found a body lying on the cot and covered with a quilt. They went back to the office to inform the manager Bakulbhai, who in turn informed the police. When the police arrived, the room was unlocked with the second set of keys. The body was lying on the cot with a nylon rope tied around the neck. He identified the nylon rope, article 12, which was shown to him. On examining the register, it wa