Judgment : V.M. Deshpande, J. 1. Being dissatisfied and feeling aggrieved by the recording of find of guilt, and consequently imposing punishment for life by the learned Additional Sessions Judge, Basmathnagar, dated 15.4.2011 in Sessions Trial No.10 of 2010, the appellant has presented the appeal questioning his sentence, on account of offence punishable under Sections 302 and 201 of the Indian Penal Code. 2. The factual matrix, giving rise to the present appeal, can succinctly be narrated as under :- PandurangKharate (PW-1), an agriculturist and resident of Kawatha, was returning to his house along with one Paraji on 29.7.2009 at 7.30 a.m. from their field. That time, they saw dead body of a girl by the side of field of one Raosaheb Pande. The dead body was lying in shrubs. They noticed that the deceased was having Jeans pant and T-shirt on her person. They informed the said fact to police patil Tukaram Kharate. Police Patil Tukaram Kharate (PW-2), on receipt of the information from Pandurang Kharate immediately rushed to the spot and found that the body was lying there. He informed the said fact to the police station officer, Basmath. 3. Manik Perke (PW-36) was discharging his duties as police station officer, police station, Basmath. After getting the information from police patil of village Kawatha, the said information was conveyed to Manik Perke (PW-36) by police Head Constable Argade. On receipt of the information about the dead body being found in the field, he immediately rushed to the spot. A photographer was also taken by him. He saw dead body of young girl lying in shrubs on Kavatha to Kurunda road. He, therefore, directed photographer to take the photographs of that lady. He also called two panchas and in their presence an inquest panchanama was prepared. Same is at Exh.44. He then sent the dead body for postmortem along with the requisition (Exh.120). He also sent another requisition to the Medical Officer for preserving samples of blood and samples of body required for DNA test. The said requisition is at Exh.121. The spot panchanama, in presence of panchas, was also drawn. He seized soil mixed with blood along with the plain soil. The said panchanama is at Exh.42. As the dead body was of an unidentified lady, he tried to get the identification of the victim by making inquiry in the nearby vicinity, however, the identity was not established. The spot panchanama, in presence of panchas, was also drawn. He seized soil mixed with blood along with the plain soil. The said panchanama is at Exh.42. As the dead body was of an unidentified lady, he tried to get the identification of the victim by making inquiry in the nearby vicinity, however, the identity was not established. Consequently, the dead body was kept in mortuary. The clothes of the deceased, after the postmortem, were seized in presence of panchas and the said seizure memo is at Exh.47. 4. On the conspectus of these facts, Manik Perke (PW-36) was of the view that some unknown person must have kidnapped the said girl and after commission of forceful sexual intercourse, eliminated the said girl, and therefore, he prepared a report and sent to the police station from the spot itself. The said report is at Exh. 122. On the basis of the said report, a crime No.126 of 2009 was registered against unknown person. He received postmortem report on 29.7.2009, wherein the doctor has opined that the girl has died homicidal death. 5. On the next date i.e. on 30.7.2009, Manik Perke (PW-36) published photograph of the deceased in news papers in order to ascertain identity of the girl. He also sent viscera to the Chemical Analyser vide requisition Exhs. 18 and 19. 6. On 31.7.2009, the photograph of the deceased was sent through internet to all the police stations in Maharashtra, with an object to secure and establish the identity of the said unknown girl. Meanwhile, on 2.8.2009, the blood samples required for DNA test were received from the Medical Officer, which were sent to the Director, Forensic Laboratory, Kalina, Santacruz, Mumbai, vide communication, dated 2.8.2009 (Exh.85). 7. His efforts to establish the identity of the deceased got the desired results, when on 3.8.2009 he received a telephonic message from Chatushrungi police station, Pune that the dead body is of missing girl Shraddha Suresh Chhajed of Pune. He obtained phone numbers of her relatives from Chatushrungi police station and contacted them on phone. 8. On 3.8.2009, the relatives of the deceased had been to the police station during evening hours. From the photographs and the dead body itself, they identified the dead body. Her identity was established by them as Shraddha Suresh Chhajed. Thereupon he handed over the dead body to the relatives for her last rites. 8. On 3.8.2009, the relatives of the deceased had been to the police station during evening hours. From the photographs and the dead body itself, they identified the dead body. Her identity was established by them as Shraddha Suresh Chhajed. Thereupon he handed over the dead body to the relatives for her last rites. When the relatives were in Basmath police station, the father of the deceased gave information that the deceased was serving at Symantec Company, Pune and she was a Software Engineer. It was also disclosed to him that a missing report was lodged at Chatushrungi police station on 28.7.2009. On getting this information, he proceeded to Pune for investigation. 9. Manik Perke (PW-36) had been to police station Chatushrungi, Pune on 4.8.2009 and requested the police authorities there to hand over the report in respect of missing of Shraddha Chhajed, the deceased and the investigation carried out by them, by giving requisition (Exh.123) to them. During the investigation, it was revealed to him that a missing report in respect of the appellant was also lodged with Chatushrungi police station and he was in the custody of police. Therefore, he obtained the said missing report along with the investigation report. That time, he received two mobile hand sets from Chatushrungi police. Those are Articles A and B . The appellant was arrested by Manik Perke (PW 36) on 4.8.2009 from police station Chatushrungi vide arrest panchanama (Exh.132). He also seized the clothes of the accused/appellant vide seizure memo (Exh.124). 10. On 5.8.2009, when the appellant was in the custody of investigating officer Manik Perke (PW-36), he made disclosure statement that he had thrown the dead body of Shraddha on Kurunda to Kavatha road and he is ready to show the spot. The said disclosure statement, according to the investigating officer, was made in presence of the panchas, and therefore, a memorandum panchanama (Exh.97) was prepared. In pursuance to the same, the appellant along with the police party, in a vehicle, went to the spot. The appellant shown the spot where he had thrown the dead body. Accordingly, panchanama was prepared. The said panchanama is at Exh.98. On the said spot, the appellant made further disclosure that the car, by which he had brought the dead body on the spot, was parked by him at the parking zone of Railway Station, Nanded. The appellant shown the spot where he had thrown the dead body. Accordingly, panchanama was prepared. The said panchanama is at Exh.98. On the said spot, the appellant made further disclosure that the car, by which he had brought the dead body on the spot, was parked by him at the parking zone of Railway Station, Nanded. He also disclosed that wheel pana (spanner), by which murder was committed, was also in that vehicle. The said memorandum panchanama is at Exh.99. In view of his disclosure made, police party along with the appellant went to Nanded Railway Station parking zone at Gokulnagar, where the vehicle was parked. The appellant led to the police party to the spot where he had parked one Santro Getz car. It was having number as MH-01/DE-941. There, in presence of panchas, the appellant opened the car. Blood stains were found on the backside of the car, also in the dicky of the said car. Spanner in that car was also having the blood stains. Those Articles were seized. The car was also seized. The spanner is Article-I . The mat of the car, which was seized having the blood stains, is Article-M . Some hairs were also found in the car. Those were also seized along with the other Articles vide panchanama Exh.100. 11. On the same day, a dog squad was called on the spot. The handler of the dog prepared panchanama Exh.101. Finger Print Expert was also called on the spot. He took finger prints from the car. 12. During the investigation, it was transpired that the appellant/accused has cut his hair and removed his beard at Hyderabad. Therefore, the investigating officer recorded statement of barber. The statements of the boys working at parking zone at Railway Station, Nanded were also recorded. During investigation, the investigating officer found that the car passed through toll collection center on Aurangabad-Nanded road near village Chondi. He, therefore, collected computer data of the said toll booth. The same is at Exh. 83. He also recorded statements of Manager and the computer operator of the toll booth, also recorded the statements of the boys, who used to collect the amount from the passing vehicles. He also obtained toll receipt of the car No.941 from the toll plaza. 13. The same is at Exh. 83. He also recorded statements of Manager and the computer operator of the toll booth, also recorded the statements of the boys, who used to collect the amount from the passing vehicles. He also obtained toll receipt of the car No.941 from the toll plaza. 13. On 8.8.2009, a requisition was sent by the investigating officer to medical officer Sub- District Hospital, Basmath, by which the investigating officer requested to conduct the medical examination of the appellant and especially to give opinion as to whether the appellant is capable of committing intercourse, whether there are injuries on his private parts, and if any, on what account. The injuries found on the neck and right arm, whether can be caused by the resistance from a lady. It was requested to take his blood sample and to hand over the same in the sealed condition for sending it to the Chemical Analyser and for DNA test, etc. On 9.8.2009, he referred the samples for DNA test in respect of the appellant and the deceased to the Chemical Analyser, Mumbai, as found in the preceding paragraph vide Exh.86. 14. On 10.8.2009, again for investigation purpose, the investigating officer paid visit to Pune and collected the details in respect of the movements of the appellant and the deceased Shraddha from Close Circuit T.V. Camera (CCTV) from the Symantec Company, where both were serving. Statements from the personnel from the Company were also recorded by the investigating officer. Also he recorded statement of Sheetal, cousin of deceased and also recorded the statement of Shripal, the lover of the deceased, and also recorded statements of other persons. 15. On 12.8.2009, the investigating officer returned to Basmath. On that day, the parents and younger sister of deceased had been to Basmath. He referred them to the Medical Officer for collecting their samples for DNA test. The requisition to the Medical Officer, Basmathnagar to that effect is at Exh.76. On the same day, he recorded the statements of parents and younger sister of deceased. In view of his transfer on promotion, Manik Perke (PW-36) handed over the investigation to Deputy Superintendent of Police Shri Shrirame (PW-34). 16. In August, 2009, Rahul Shrirame (PW-34) was serving as Sub-Divisional Police Officer at Basmath. The investigation of Crime No.126 of 2009 was handed over to him by Manik Perke (PW-36) for further investigation. In view of his transfer on promotion, Manik Perke (PW-36) handed over the investigation to Deputy Superintendent of Police Shri Shrirame (PW-34). 16. In August, 2009, Rahul Shrirame (PW-34) was serving as Sub-Divisional Police Officer at Basmath. The investigation of Crime No.126 of 2009 was handed over to him by Manik Perke (PW-36) for further investigation. On 17.9.2009, he issued a letter to the Superintendent of Police, Hingoli, in order to obtain the information for ascertaining the names from service providers of cell phone in whose favour Sim card Nos.9420535545 and 9823029915 were issued. The said letter is at Exh.106. On 20.9.2009, he made request to the Judicial Magistrate, First Class, Basmath to refer wheel spanner, blood stained soil, pant and shirt of the deceased and mat of black colour for DNA test. The learned Judicial Magistrate, First Class accorded permission to refer those Articles for DNA test. Accordingly, those Articles were sent to the Chemical Analyser_ s office at Mumbai for DNA test vide covering letter (Exh.109). Those reports were filed along with the charge sheet. Those reports are at Exhs. 110 to 113. He has also prepared the map of the spot through Taluka Inspector of Land Records office at Basmath. The said map is at Exh.114. After completion of investigation, he filed charge sheet in the Court. 17. It appears from the record that a charge sheet was submitted before the Judicial Magistrate, First Class, Basmathnagar, vide charge sheet No.102 of 2009 on 30.10.2009 against the appellant for the offences punishable under Sections 366, 376, 302, 511, 201 of the Indian Penal Code. The Judicial Magistrate, First Class, Basmathnagar, on 13.4.2010 passed committal order, since the offences for which the charge sheet was filed against the appellant were exclusively triable by the court of Sessions. 18. The learned Ad-hoc Additional Sessions Judge, Basmathnagar recorded plea of the appellant on 27.4.2010. The appellant claimed for trial. The learned trial court framed charge for offences punishable under Sections 364, 376, 302, 201 of the Indian Penal Code. 19. The prosecuting agency examined 36 witnesses and relied upon voluminous documents in order to bring home the guilt of the appellant, for which he was charged. The appellant claimed for trial. The learned trial court framed charge for offences punishable under Sections 364, 376, 302, 201 of the Indian Penal Code. 19. The prosecuting agency examined 36 witnesses and relied upon voluminous documents in order to bring home the guilt of the appellant, for which he was charged. The learned trial court, after appreciating the evidence, found that the appellant was guilty of commission of offence punishable under Sections 302 and 201 of the Indian Penal Code, and therefore, he directed that the appellant should suffer imprisonment for life and to pay a fine of Rs.2,000/-, in default to suffer further rigorous imprisonment for two months; and imprisonment for 3 years and to pay fine of Rs.500/-, in default to suffer further rigorous imprisonment for 15 days, respectively. However, the learned trial court was pleased to acquit the appellant for the offences punishable under Sections 364, 376 r/w 511 of the Indian Penal Code. 20. It is against this judgment of recording guilt against the appellant on the afore said count, the appellant is before this court. 21. We have heard at length learned Senior Counsel Shri Shirish Gupte along with Shri S.S. Jadhav for the appellant. We have also heard Shri S.D. Kaldate, learned Additional Public Prosecutor for the respondent/State. With the assistance of learned Senior counsel and the learned A.P.P., we have minutely scrutinized the entire record and proceedings in order to re-appreciate the evidence as well as the documents brought on record for just decision of the present appeal. 22. Broadly speaking, the following are the submissions advanced before us by the learned Senior counsel. (i) The first and foremost submission is that the prosecution has failed to establish the complete chain of circumstances, which establishes the guilt of the accused. According to the learned Senior counsel, the couplings in the chain are missing. (ii) There is no evidence of whatsoever nature to show that deceased Shraddha was in the company of appellant. (iii) The alleged discovery of the spot of recovery of the dead body of Shraddha and the car from the parking zone will necessarily have to be rejected, since the spot was already known to the investigating officer and the car parked at public place open to all. (iv) There is no positive evidence that the car has passed through toll naka. (iv) There is no positive evidence that the car has passed through toll naka. (v) The omissions in the statement of Nikhil Puntambekar (PW-4) in respect of purse and bag are material omissions, which go to the root of the matter. (vi) If the recovery of the car, at the instance of the applicant is rejected, then the evidence in respect of the blood found on the articles in the car and the Chemical Analyser_ s report, though positive, is of no value. (vii) The contents of missing report in respect of the appellant remained to be proved. (viii) The blood samples were given to the doctor without any panchanama. (ix) In view of the finding given by the learned trial Judge that some of the circumstances, as put before the court below, were not proved by the prosecution, much importance cannot be given to those circumstances. (x) Lastly, by way of alternate argument, the learned Senior counsel submitted that the case does not fall under _ Thirdly of Section 300 of the Indian Penal Code , and at the most, the appellant can be held guilty for the offence punishable under Section 325 of the Indian Penal Code. 23. Per contra, the learned Additional Public Prosecutor submitted :- (i) The prosecution has successfully completed the chain of events showing the finger of guilt towards the appellant. (ii) According to the learned A.P.P. the scientific evidence, as appearing in the form of Chemical Analyser_ s report and DNA test lends the assurance in respect of the truthfulness of the prosecution version, and therefore, the learned trial court has rightly convicted the appellant. (iii) According to the learned A.P.P., this court can re-appreciate the entire evidence as brought on record, and therefore, though some findings in respect of the circumstances are found to be not proved in the judgment of the learned trial court, on re-appreciation, it is established that even those circumstances are also proved. 24. Apart from oral submissions of the learned Senior counsel, we have very minutely examined the grounds raised by the appellant in the memo of appeal and has consciously examined those grounds very minutely while making the scrutiny of the evidence of the prosecution. 25. 24. Apart from oral submissions of the learned Senior counsel, we have very minutely examined the grounds raised by the appellant in the memo of appeal and has consciously examined those grounds very minutely while making the scrutiny of the evidence of the prosecution. 25. Shraddha was 24 years of age, as from the record document (Exh.66) produced by Shudanshu Pandit (PW-24), the Manager of Symantec Company, in which Shraddha was working, her date of birth is found to be 25.3.1985. Surely, that was not the age of Shraddha for taking exit from this world. 26. Dr. Manoj Bagal (PW-25), while conducting autopsy on the dead body of Shraddha, found following injuries :- (1) Contused lacerated wound over her forehead having size of 3cm approximately x 2cm into bone deep. (2) Contused marks over neck anteriorly having size of 6cm x 2cm approximately. (3) The right eye was on blackish in colour due to assault. (4) Multiple thorn with injuries over both upper extremities at abdomen, lower side of chest, face and buttocks. (5) Contusion over lower lip on right side of about 3cm x 2cm approximately._ According to Dr. Manoj Bagal, all afore said external injuries appearing on the dead body, except injury no.4, were ante mortem injuries. On internal examination, the panel of doctors, who conducted autopsy, found that the frontal bone of Shraddha was fractured verticle and undisplaced with irregular margin about 2 inches in length. Also found frontal haematoma and blood collection in occipital region. Following was the opinion of the doctor regarding cause of death :- In our opinion probable cause of death may be cardio respiratory failure, may be due to intra cranial bleeding due to head injury._ Dr. Manoj Bagal (PW 25) has proved the postmortem notes. Those are at Exh. 71. According to the doctor, the injury on the fore head of deceased might have been caused by blow of hard and blunt object. According to Dr. Manoj Bagal, deceased Shraddha died homicidal death. In fact, no dispute is raised from the side of the appellant that Shraddha died homicidal death. Therefore, in view of the injuries, as found by the doctor while performing autopsy and his evidence, there is no doubt that the death of Shraddha was homicidal one. 27. In the present case, admittedly there is no witness to the actual incident of assault. Therefore, in view of the injuries, as found by the doctor while performing autopsy and his evidence, there is no doubt that the death of Shraddha was homicidal one. 27. In the present case, admittedly there is no witness to the actual incident of assault. Thus, the entire case of the prosecution is based on circumstantial evidence. 28. The mode of evaluating the circumstantial evidence has been laid down by the Hon’ble Apex Court way back in the year 1952 in HanumantGovind Nargundkar vs State of Madhya Pradesh [ AIR 1952 SC 343 ]. It reads as follows :- It is well to remember that in case where the evidence is of a circumstantial nature, the circumstances from which the conclusion of guilt is to be drawn should in the first instance be fully established, and all the facts so established should be consistent only with the hypothesis of the guilt of the accused. Again, the circumstances should be of a conclusive nature and tendency and they should be such as to exclude every hypothesis but the one proposed to be proved. In other words, there must be a chain of evidence so far complete as not to leave any reasonable ground for a conclusion consistent with the innocence of the accused and it must be such as to how that within all human probability the act must have been done by the accused. 29. Keeping the afore said principles in mind while evaluating evidence in a case purely based on circumstantial evidence and which is reiterated by catena of decisions of Hon’ble Apex Court, let us examine and scrutinize the evidence brought on record by the prosecution in the present case. 30. Deceased Shraddha and appellant were working with Symantec Software Company, Pune. There is no dispute to this position. There is a common gymnasium in the company premises for all the employees. The employees prefer to visit gymnasium during morning hours. This position is brought on record in cross-examination of Abhijit Pharade (PW-9), who is a programme coordinator at the security control room of Symantec Software Company, Pune. Sheetal Chhajed (PW-17) is cousin sister of deceased Shraddha. Both were residing with one Shweta Naik at Pune. From the evidence of Sheetal (PW- 17), it is clear that Shraddha had left her house at 7.00 a.m. on 28.7.2009. Sheetal Chhajed (PW-17) is cousin sister of deceased Shraddha. Both were residing with one Shweta Naik at Pune. From the evidence of Sheetal (PW- 17), it is clear that Shraddha had left her house at 7.00 a.m. on 28.7.2009. It is appearing in her evidence that she used to visit gymnasium before reaching her office. In view of the evidence of Abhijit (PW-9) and Sheetal (PW-17), it is not at all unnatural that Shraddha left her house at 7.00 a.m. on 28.7.2009. In view of the fact that there is no challenge to the evidence of Abhijit (PW 9) regarding having the Closed Circuit TV Cameras at various places in the premises of Symantec Company, the said fact is conclusively proved on record. The CC TV Cameras are attached with DVR computer machines. Abhijit (PW 9), who was serving as a programme coordinator at the security control room of Symantec Company, has deposed on the basis of record of the computer. From the evidence of Abhijit (PW 9), following portion is most important, so it is reproduced as below :- Every employee is given access card and he has to show it at entry level i.e. access control doors and the timing of entering of that employee is noted at that access entry in computers. It appears from the evidence of the said witness that from the data, dated 28.7.2009, as available in the computer, it is seen that Shraddha had entered the boom barrier of the company at 8.30 a.m. She entered lift lobby entry no.2 at 8.40 a.m. Thereafter, she went to 4th floor at 8.41 a.m. This data is proved by this witness and it is at Article-G . 31. The learned Senior counsel Shri Gupte fairly submitted that, computer generated data and photographs taken from CC TV were shown to the witness and they deposed on the basis of said data, therefore, this data is admissible in evidence, though it is marked as Articles by the learned trial court. Further the photograph from the computer data regarding the entry of Shraddha in the lift lobby of upper basement of the company is exhibited as Article-H . Perusal of this photograph shows that it is having the computerised noting as UBLL2/0.8.40.57.31. Further the photograph from the computer data regarding the entry of Shraddha in the lift lobby of upper basement of the company is exhibited as Article-H . Perusal of this photograph shows that it is having the computerised noting as UBLL2/0.8.40.57.31. From this photograph, it is very clear that deceased Shraddha is having purse and bag on her left hand shoulder; whereas with right hand she is talking on cell phone. From the photograph Exh.I , it is clear that Shraddha was at lower basement at 0.8.43.26.64 hours. Thus according to the evidence of Abhijit (PW-9), at that time, it is clear that Shraddha was going out of lift lobby of lower basement. If that photograph is minutely perused, though the backside of the person is appearing in that photograph, as per the evidence of Abhijit (PW-9) the said photograph is in respect of the deceased. Most important aspect to that effect is the identity of the female though from backside, is not challenged by the appellant in searching cross-examination of Abhijit (PW-9). It is most natural for a person to identify a person from the structure of the body, even when the face is not appearing in the photograph. We cannot forget that Abhijit (PW 9), who is programme coordinator of security control room of the Company is used to observe the employees, and therefore, merely because the face is not appearing in the photograph, that does not mean that this witness cannot identify the deceased. Moreover, there is no challenge whatsoever in nature to his statement in the evidence. This photograph Article-I shows that Shraddha is talking on her cell phone, however, her bags are not with her, as found in photograph Article-H. 32. The appellant, who is a Sikh boy, was found to be entering in the upper basement boom barrier of the Company on 28.7.2009 at 7.31 a.m. The computer record further shows that he entered lift lobby no.1 at 7.34 a.m. and entered main lift lobby entry no.2 on 4th floor at 7.35 a.m. As per the CC TV record, the appellant was at lift lobby entry no.1 at 8.03 a.m. and reached 4th floor main lift lobby entry no.2 at 8.04 a.m. This data in respect of the appellant is at Article- J . Photographs Articles-M and N are in respect of the appellant. Photographs Articles-M and N are in respect of the appellant. According to the evidence of Abhijit (PW 9), photograph Article-M shows that the appellant is entering lower basement lift lobby. That photograph is having time 07.34.06.28, while photograph Article-N shows that he is going out of lower basement lift lobby at 08.07.00.48 hours. From the afore said record, as appearing in the CC TV Cameras, it is established beyond any reasonable doubt that both deceased and appellant entered in the company premises in the morning hours on 28.7.2009. 33. Now, the presence of deceased in the morning hours in the premises of the company is most natural, in view of the positive evidence of Sheetal (PW 17) that on 28.7.2009 deceased went to her work as usual in the morning hours. Undisputedly, the appellant, at the relevant time, was working as a Software Engineer with the Symantec Company at Pune. From the evidence of Nitin Kalingar (PW 5), who is also serving as a Software Engineer in the Symantec Company, both the appellant and the deceased were his colleagues. On 28.7.2009 Nitin (PW 5) received the sms from the appellant that since he is not feeling well, therefore, he will not be attending his duties on that date. This specific assertion made by Nitin (PW 5) has gone unchallenged in his cross-examination. If the appellant was not feeling well and he was not to attend the duties on 28.7.2009, then his presence in the company premises, as found in the CC TV record, is most unnatural. There is no explanation whatsoever offered by the appellant in his statement recorded under Section 313 of the Criminal Procedure Code in respect of the sms received by Nitin (PW 5) and the data and photographs, as found in the CC TV record in the morning hours of 28.7.2009, except the answer, false . There is no reason for Nitin to state falsehood regarding the receipt of SMS from appellant on 28.7.2009. Further as per the CC TV record, the appellant_ s presence in the morning hours in the company premises on 28.7.2009 is recorded in the due course of business of the company. There is no reason to raise any suspicion over the same. Further as per the CC TV record, the appellant_ s presence in the morning hours in the company premises on 28.7.2009 is recorded in the due course of business of the company. There is no reason to raise any suspicion over the same. Therefore, it is conclusively proved that on 28.7.2009 the appellant was found to be present in the premises of Symantec Company, though he was not supposed to be present on that day. 34. Vikas Wankhede (PW 11) is serving in Vodafone Essar Cellular Company Limited, as retail sales Manager at Hingoli Branch. The Head office of the said company is at Pune. The said Company has authorized him to represent in the matter. He has proved the authorization. It is at Exh.36. The name of Vodafone Essar Cellular Company Limited denotes that it is a service provider of mobile phones. During the investigation, since the two Sim cards along with two sets of mobile were seized from the appellant, the investigating officer sent communication to this Vodafone Essar Cellular Company Limited for giving the full name, address and CDR of those Sim cards for the period from 1.7.2009 to 31.7.2009. Exh.37 shows that Sim card no. 9823029915 is in the name of Bhupinder Singh Jabbal, having address Symentec RMZ Icon Project, Opposite Hotel Mahabaleshwar, Baner Road, Pune. This Bhupinder Singh Jabbal is real brother of the appellant and the said fact is not disputed. Exh.37 further shows that Sim card no.9420535545 is in the name of Shraddha Suresh Chhajed and address is, F-1 Pitruchaya Apartment, Sneh Nagar, Dhule. This Shraddha is the deceased. Her parents reside at Dhule. So, it is clear that this number belonged to deceased. Vikas Wankhede (PW 11) has proved the Call Details Records (CDRs) of mobile no.9420535545 and 9823029915. Those CDRs are the part and parcel of proved document Exh.37. 35. We have minutely scrutinized those CDRs. On scrutiny, we found that on number of occasions the SMS were sent and also there were telephonic calls, from the mobile no.9823029915 to mobile no. 9420535545, during the period of 1.7.2009 to 28.7.2009. Entry no.151 is in respect of 26.7.2009. The timing is 18.41.26 and it is a outgoing call from mobile no. 9823029915 to mobile no. 9420535545. The duration of the said call is 174 seconds. Also there is a SMS on 27.7.2009 at entry no.167 at 7.49.38 hours from mobile no. 9420535545, during the period of 1.7.2009 to 28.7.2009. Entry no.151 is in respect of 26.7.2009. The timing is 18.41.26 and it is a outgoing call from mobile no. 9823029915 to mobile no. 9420535545. The duration of the said call is 174 seconds. Also there is a SMS on 27.7.2009 at entry no.167 at 7.49.38 hours from mobile no. 9823029915 to mobile no. 9420535545. 36. Thus, it is very clear that apart from both being serving in the Symantec Company, the appellant appears to be in touch of the deceased from 1.7.2009 to 27.7.2009 i.e. a day before the date of the incident. 37. PW 13 is one Shripal Chopada. According to his version, he was lover of deceased Shraddha. Even the said fact is corroborated in her evidence by Sheetal (PW 17), cousin sister of Shraddha. Pradnesh Nawalakha (PW 12) is cousin brother of Shraddha. The evidence of these close persons to deceased shows that appellant was having one side love affair with deceased Shraddha. The fact that Shraddha was in love with Shripal (PW 13) is also not seriously disputed by the appellant, as in cross-examination of Pradnesh (PW 12) it is brought on record that, Shraddha was in love with Shripal Chopada_ . 38. We reproduce herein below the relevant portion from the evidence of Pradnesh (PW 12), since it has a concrete bearing while assessing the evidence of the prosecution :- She used to visit my house frequently. She used to share her problems with us. She had told us that accused used to harass her. She also told us that he was saying that he was loving her. She further told that she was not liking accused as he was a non vegetarian. She further told us that she had told accused that she is going to marry one Shripal Chopada after permission of her parents._ Even, the version of Shripal (PW 13) in his evidence is that, Shraddha has disclosed to him that appellant used to create closeness to her, though she was not liking him. Sheetal (PW 17), cousin sister of Shraddha has also corroborated the above facts. We cannot forget that parental house of Shraddha was at Dhule. She being the Software Engineer was serving at Pune, staying along with her cousin sister Sheetal. Pradnesh Nawalakha (PW 12) is the cousin brother of these sisters. Sheetal (PW 17), cousin sister of Shraddha has also corroborated the above facts. We cannot forget that parental house of Shraddha was at Dhule. She being the Software Engineer was serving at Pune, staying along with her cousin sister Sheetal. Pradnesh Nawalakha (PW 12) is the cousin brother of these sisters. Being away from home, may be Software Engineer, it is most natural on the part of Shraddha to share problems with her brother Pradnesh (PW 12). Therefore, there is no reason why the court should not accept the version appearing as quoted above in the evidence of Pradnesh (PW 12). 39. Criticism was made during the course of the arguments by learned Senior counsel that at no point of time Shraddha had reported against the appellant with her boss or had not lodged report against the appellant with police. We cannot forget the fact that both the deceased and the appellant were serving as the Software Engineers in the same company. From the record, it is clear that Shraddha was elder than the appellant. It is not the evidence of Shripal, Pradnesh or Sheetal that, at any point of time the appellant has caused any physical harm to deceased Shraddha. The evidence shows that he was having one sided love with Shraddha and he was trying to have established closeness to her. Merely because these acts of appellant were not reported to superior or police, that does not mean that those were not the facts. Shraddha must have thought that why all these things should be brought to the notice of superior or to police, because by that unnecessarily the appellant will suffer difficulties, even losing his job. Merely because deceased Shraddha has shown maturity in not reporting these facts to her superiors or police, it does not mean that the said fact can be brushed aside and/or cannot be believed. Therefore, the doubt about the same, as raised by the learned Senior counsel, in our considered view, is misplaced. 40. Now, on 28.7.2009, which is the day of the incident, as observed in the preceding paragraphs of this judgment, the presence of the appellant on that day in the company was most unnatural. The event does not stop here. From CDRs, at entry no.167, we found that one SMS is sent from mobile no. 40. Now, on 28.7.2009, which is the day of the incident, as observed in the preceding paragraphs of this judgment, the presence of the appellant on that day in the company was most unnatural. The event does not stop here. From CDRs, at entry no.167, we found that one SMS is sent from mobile no. 9823029915 to mobile no.9420535545 at 7.49.38 hours; while phone call is made from mobile no.9823029915 to mobile no.9420535545 at 8.41.52 hours and duration of that call was 21 seconds. These two events are in close proximity to the entry of deceased in the company and photograph Article-I . There is no call record available in these cell phones after 8.41.52 hours. 41. A forceful submission was made by the learned Senior counsel that nobody has seen the deceased and the appellant lastly together or there is no evidence that the deceased was in the company of the appellant on 28.7.2009. True it is, there is no evidence available on record that on 28.7.2009 the deceased was found in physical company of the appellant. Various decisions of Hon’ble Apex Court were pointed out, during the course of the hearing, that there should be evidence of the deceased and the appellant last seen together. Since the same is settled position of law, we do not wish to refer to those decisions. 42. We cannot forget that present era is the era of telecommunication. By sitting in close room, with the help of modern gadgets and with the help of advanced telecommunication, one can control so many things, which are beyond his physical reach. One can electronically transfer the amount with the help of remote gadgets. The machines can be operated from far away. These are just few examples. On 28.7.2009, it is established with the help of CDRs that the appellant was in touch of the deceased. 43. From the evidence of Nikhil Puntambekar (PW 4), under whom the deceased was serving, it is clear that he received a blank SMS at 10.09 a.m. on 28.7.2009 from deceased on his cell phone. Again at 10.11 a.m. he received another sms from the mobile of deceased as, as going home sis. B’day . As per the evidence of Nikhil (PW 4), during noon hours, he tried to contact deceased on 3-4 occasions, but he was unable to contact her. 44. Again at 10.11 a.m. he received another sms from the mobile of deceased as, as going home sis. B’day . As per the evidence of Nikhil (PW 4), during noon hours, he tried to contact deceased on 3-4 occasions, but he was unable to contact her. 44. During the evidence of Abhijit Pharade (PW 9) he was confronted with two photographs showing a car. As per his evidence, photograph Article-K shows the entering of the car at 7.32.50 hours. Article-L photograph at 9.14.04.90 hours of 28.7.2009 shows that the car of the appellant was going out of the company premises. The dead body of Shraddha was found in the side of field of one Raosaheb Pande at village Kawatha, which is about 450 Kms. away from Pune. Deceased Shraddha was last seen alive at 8.43.26.64 hours in the lower basement of company on 28.7.2009, which is just two minutes after the phone call given by the appellant from cell no.9823029915 to cell no.9420535545 at 8.41.52 hours. Thus, it is conclusively proved on record by the above evidence that it is the appellant, who was in last touch with the deceased. Merely because they were not seen physically in company of each other, that does not render the prosecution case untruthful or unworthy of credence. No explanation is offered by the appellant about these phone calls and SMS, when this incriminating evidence was put to the appellant by the learned Judge of the court below in his statement recorded under Section 313 of the Criminal Procedure Code. Therefore, there is no hesitation in our mind, rather we are of the firm view, that the deceased was in the company of the appellant lastly. Therefore, it is the second circumstance appearing in the prosecution case that on 28.7.2009 at morning hours the appellant was in touch with the deceased. 45. Further, the CDR data duly proved at Article _ J_ shows that deceased was at th4 floor at 7.35 a.m. Undisputedly, the work place of deceased was on 4th floor. Once she reached to her work place, there was no reason for her to leave her work place. 45. Further, the CDR data duly proved at Article _ J_ shows that deceased was at th4 floor at 7.35 a.m. Undisputedly, the work place of deceased was on 4th floor. Once she reached to her work place, there was no reason for her to leave her work place. The record entry no.168 at Exh.37 shows that at 8.41.52 hours she received a phone call from the appellant and a reasonable inference can be drawn that, in pursuance to the said call she left her work place from 4th floor because she was found at lower basement at 8.43 hours. Looking to the positive evidence that she was not liking appellant and appellant was having one sided love affair with her, an inference can be drawn on the basis of said evidence that the deceased must have responded to the call of appellant at 8.41.52 hours by thinking that on that day she would try to close the one sided love affair chapter, and therefore, she must have left her work place. Thus, this is a third circumstance that the deceased left her work place on 4th floor in pursuance to the phone call from the appellant. 46. Since the deceased did not return to her house at her usual time of return till 7.00 p.m., Sheetal (PW 17) tried to contact her on her mobile, however, she was unable to establish the contact with her on phone. Therefore, she informed the said fact to their landlord. That fact immediately was informed to Pradnesh (PW 12) and Shripal (PW 13). The trio then had been to the Symantec company, obviously in search of their near and dear Shraddha. They called her Manager there, namely Nikhil Puntambekar (PW 4). He immediately visited the office. Prior to reaching to Symantec company, at 11.30 p.m., Sheetal (PW 17) made a phone call to Nikhil (PW 4) and inquired about Shraddha. That time, it was intimated to her that Shraddha was not in office through out the day and she had sent one sms to him. That must have added to the worry of these three persons, and therefore, they must have visited the Symantec company. According to the evidence of Nikhil (PW 4), he reached to the office on 28.7.2009 night. The relatives of Shraddha inquired with him regarding Shraddha. That must have added to the worry of these three persons, and therefore, they must have visited the Symantec company. According to the evidence of Nikhil (PW 4), he reached to the office on 28.7.2009 night. The relatives of Shraddha inquired with him regarding Shraddha. That time the vehicle of Shraddha, two wheeler-scooty, was found in the parking place of the company. Her purse and bag were also found on her counter. The bag and the purse were handed over by Nikhil (PW 4) to her relatives. However, her mobile was not found in that bag or purse. 47. A criticism was made in respect of the evidence of Nikhil (PW 4) that, handing over the bag and purse of Shraddha from counter and nonfinding of her mobile, being important piece of evidence, no reason is assigned by this witness as to why these facts are missing in his statement, dated 30.7.2009. The statement of Nikhil (PW 4) was recorded by Swati Kolhe (PW 20), Police Sub-Inspector of Chatushrungi police station in connection with the missing report lodged by Pradnesh (PW 12) about the missing of Shraddha. That omission is proved by Swati Kolhe (PW 20). But merely because that omission of handing over of purse and bag of Shraddha from her counter from Nikhil (PW 4) to relatives and not finding of her mobile does not dent the case of prosecution, because the said fact is also stated by Sheetal (PW 17) in her evidence. The relevant portion is reproduced. _ In the said articles mobile was not there. There is no challenge to her version in that respect, except suggestion in her cross-examination which was denied by her. Not only that, even Pradnesh (PW 12) has also stated in his evidence that this fact of non-finding of her mobile was not stated by him to police when his statement was recorded. However, we can visualise the anxiety and concern of Pradnesh (PW 12), who is the brother of deceased that, his sister is missing. Therefore, at that particular point of time, the important aspect in his mind was tracing out Shraddha and not non-finding of cell phone. Therefore, merely because of the said omission in his evidence, his version about non-finding of mobile cannot be doubted, especially when we have a corroboration on that aspect in the nature of evidence of Sheetal (PW 17). 48. Therefore, merely because of the said omission in his evidence, his version about non-finding of mobile cannot be doubted, especially when we have a corroboration on that aspect in the nature of evidence of Sheetal (PW 17). 48. Since Pradnesh and Sheetal found that though her bag and purse was at the counter in the Company and when it was made known to them by Nikhil (PW 4) that he received SMS from Shraddha that she is going home due to her sister's birth day, they decided to lodge report in respect of missing of Shraddha. Accordingly, they proceeded to Chatushrungi police station, within whose jurisdiction Symantec Company is situated. 49. Dattatraya Pachange (PW 18) was serving as a Police Sub-Inspector at police station Chatushrungi on 28.7.2009. He was on station diary duty between 9.00 p.m. to 9.00 a.m. on next date. Report was lodged by Pradnesh (PW 12). On the basis of the said report, Dattatraya Pachange (PW 18) registered Missing Report No. 101 of 2009. Same is at Exh.39. The most important fact as appearing in the said report is that at the time of missing, Shraddha was not having any money with her. It appears that on the same night at 2.30 a.m., the father of the appellant had also lodged report about missing of the appellant. On the basis of the said report, he had registered Missing Report No. 102 of 2009. The said report is at Exh. 54. The said report is signed by Dattatraya Pachange (PW 18), as well by the father of the appellant. 50. Submissions were made by the learned Senior counsel that in absence of examination of the father of the appellant by the prosecution as its witness, the contents remain to be proved, therefore, the said report Exh.54 has to be kept out of consideration while deciding the present case. We find, the said submission cannot be accepted, for the reason that the said occurrence report is also signed by Dattatraya Pachange (PW 18). Further there is no cross-examination to the fact about the lodging of missing report by father of the appellant. Only a suggestion is given to Dattatraya Pachange (PW 18) that he has manipulated the missing report about the appellant, of course the said suggestion was denied by Dattatraya Pachange (PW 18). Further there is no cross-examination to the fact about the lodging of missing report by father of the appellant. Only a suggestion is given to Dattatraya Pachange (PW 18) that he has manipulated the missing report about the appellant, of course the said suggestion was denied by Dattatraya Pachange (PW 18). There was no reason for Dattatraya Pachange (PW 18),who was working with Chatushrungi police station, to falsely record the missing report in respect of the appellant. The said missing report is reduced into writing by the said Police Sub-Inspector in discharge of his duties. Further, nothing is brought on record to show that he was nursing any grudge either against the appellant or his father. 51. The contents of occurrence report/missing report (Exh.54) are important. In the said report, it has been pointed out that on 28.7.2009 in the morning, the appellant went at Baner, the place where Symantec Company is situated, in Hundai car bearing registration No. MH-12/DE-941. The description is given that, _ being Sikh he is having beard and turban on his head . The important feature about the said report is that along with the report a photograph of the appellant was also annexed. In the said photograph, it clearly shows that the appellant bears beard, having turban on his head. 52. Investigation in respect of missing report No. 102 of 2009 i.e. in respect of the appellant was handed over to Madhusudan Joshi (PW 19) A.P.I. of police station Chatushrungi, Pune. His evidence would reveal that he had given message about the missing of the appellant by wireless to the control room. However, during his investigation he could not trace out the missing person namely the appellant. 53. From the afore said evidence, it is clear that both appellant and Shraddha were found missing from morning of 28.7.2009 and missing reports regarding the said fact were lodged with Chatushrungi police station, Pune. This is the fourth circumstance as appearing in the prosecution case. As seen above, deceased went to the basement on receiving phone call from the appellant/accused. Thereafter, she was not seen alive by anybody. Looking to their relations, it is not probable that the deceased would go willingly with the accused in his car. Nobody saw the deceased going out of company’s premises. Her scooty, purse, bag were in the company premises. Thereafter, she was not seen alive by anybody. Looking to their relations, it is not probable that the deceased would go willingly with the accused in his car. Nobody saw the deceased going out of company’s premises. Her scooty, purse, bag were in the company premises. Therefore, there was no intention on the part of the deceased to leave the office premises. Had she being taken away by force, she would have raised hue and cry. Therefore, she must have been silenced in the basement itself. 54. There is no evidence that anybody has noticed deceased leaving Company premises alive alone. However, there is a positive evidence in the nature of the pictures as found in the CC TV Camera that the car of the appellant was going outside the Company premises at 09.14.04.90. Therefore, these facts allow us to draw an inference against the appellant/accused that after committing some harmful act to the deceased, the appellant has taken her in his car. In the subsequent part of this judgment, we will be supplying reasons for this inference which we have drawn. This is the fifth circumstance as appearing in the chain of events. 55. As observed in the preceding paragraphs of this judgment, the dead body of Shraddha was found in the vicinity of village Kawatha by the side of agricultural field. Pandurang Kharate (PW 1), who is the first person to notice the dead body informs the court that when he saw the dead body, he found that the deceased girl was wearing Jeans pant and T-shirt. 56. Shaikh Kaleem (PW 6) is serving as computer operator at Kalyan toll post on Aurangabad-Nanded road near village Kawatha. The learned Judge of the court below in his judgment has observed that the dead body of deceased was found at a distance of about 1 Km. from toll plaza. The evidence of Shaikh Kaleem (PW 6) would reveal that on 28.7.2009 he was on duty at toll naka from 7.00 p.m. to 7.00 a.m. One Ramrao Parkhe (PW 7) was also on duty that time, who used to tell number of the vehicle, and accordingly, he used to issue receipt of toll tax. The entry of issued receipts is taken in computer immediately, is the assertion made by Shaikh Kaleem (PW 6). The entry of issued receipts is taken in computer immediately, is the assertion made by Shaikh Kaleem (PW 6). On the basis of the extract of toll tax collected on 28.7.2009, issued at Kalyan toll post, this witness asserted from his evidence that on 28.7.2009 at 7.19 p.m. a car no. 941 had passed through the said toll post. Prosecution Witness No.7 is Ramrao Parkhe. He is the person, who used to tell the number of the vehicle to Shaikh Kaleem (PW 6) and on the basis of which, the toll receipts were issued. This witness Ramrao Parkhe (PW 7) was declared hostile. 57. The learned Judge while appreciating the evidence of the prosecution case has recorded a finding that the prosecution has failed to establish that the car of appellant has passed from toll naka on the relevant date and time. We are afraid, we cannot subscribe the finding to that effect, as given by the learned Judge of the court below. 58. It was the submission of the learned Senior counsel that, since this was one amongst other circumstances, which were not believed by the court below, therefore, it will have to be kept outside the scrutiny while appreciating the evidence on record. With due respect to the learned Senior counsel, we found ourselves in difficulty to accept his contention. 59. Section 386 of the Criminal Procedure Code deals with the powers of the appellant court. Section 386 reads as under:- “386. Powers of the Appellate Court :- After perusing such record and hearing the appellant or his pleader, if he appears, and the Public Prosecutor, if he appears, and in case of an appeal under Section 377 or Section 378, the accused, if he appears, the Appellate Court may, if it considers that there is no sufficient ground for interfering, dismiss the appeal, or may - (a) &..... &...... (b) in an appeal from conviction - (i) reverse the finding and sentence and acquit or discharge the accused, or order him to be re-tried by a Court of competent jurisdiction subordinate to such Appellate Court or committed for trial, or (ii) alter the finding, maintaining the sentence, or ...... &...... &........” This clearly shows that the court of appeal possesses full powers to go into the entire evidence and all relevant circumstances to arrive at its own conclusion about the guilt or innocence of the accused. &...... &........” This clearly shows that the court of appeal possesses full powers to go into the entire evidence and all relevant circumstances to arrive at its own conclusion about the guilt or innocence of the accused. This court, being exercising the appellate powers, is in its jurisdiction to scan the evidence and weigh the probabilities. It is open to this court to accept the evidence rejected by the trial court while re-appreciating the entire case of the prosecution. In that view of the matter, we find ourselves in disagreement with the submission advanced by the learned Senior counsel. 60. Prosecution has examined Narottam Tiwari as its Witness No.28. On 28.7.2009 he was serving as a Manager at Kalyan toll naka, in which Shaikh Kaleem (PW 6) and Ramrao Parkhe were also working. He has proved the computer data showing a car bearing registration no.941 had passed through toll naka on 28.7.2009 at 7.19 p.m. This data bears signature of Narottam Tiwari (PW 28). The said data is computer generated and maintained on daily basis at plaza. This witness has proved its contents. The said data is at Exh.83. Criticism was made in respect of the evidence appearing in the prosecution case in respect of passing of the car through Kalyan naka by the learned Senior counsel. He strenuously urged that the said data does not reveal, except the fact that car bearing no. 941 has passed through the said toll naka at 7.19 hours. According to him, in absence of any positive evidence in that respect, it cannot be connected with the appellant. According to him, in the data, only car number is appearing. The series of the registration about the said car is not appearing. If the evidence Shaikh Kaleem (PW 6), Ramrao Parkhe (PW 7) and Narottam Tiwari (PW 28) is scrutinized minutely, and if their evidence is read cumulatively, one has to reach to the conclusion that the car bearing no. 941 passed through the said toll naka. If the argument of the learned Senior counsel is closely examined, then in that event, it is clear that, according to the appellant, since the series of registration is not appearing in the computer data (Exh.83), the said evidence cannot connect the appellant. Thus, the argument of the learned Senior counsel implies that the car bearing no. 941 has passed through Kalyan toll post. Thus, the argument of the learned Senior counsel implies that the car bearing no. 941 has passed through Kalyan toll post. The following version, as appearing in the evidence of Shaikh Kaleem (PW 6) will throw light on the said controversy, which is reproduced as under :- One Ramrao Parkhe was also on duty that time. That Ramrao used to tell me the number of vehicles, and accordingly, I used to issue receipts of toll tax. The entry of issuing of receipts is taken in the computer immediately. _ This evidence clearly shows that only the number of vehicle used to be informed by the boys like Ramrao Parkhe to Shaikh Kaleem, the computer operator and the entry to that effect used to be taken. Cross-examination of Shaikh Kaleem (PW 6) is totally silent on the aspect that it was the duty of computer operator to note down the series of registration. Further even Ramrao (PW 7) corroborates to Shaikh Kaleem (PW 6) in respect of telling the number of the vehicle to the computer operator. He is also silent about the telling of series of registration to Shaikh Kaleem (PW 6), though Ramrao (PW 7) is a hostile witness, however, to the extent he corroborates the version of the prosecution witness Shaikh Kaleem, the said version of Ramrao can safely be considered as a corroborative piece to the version of Shaikh Kaleem (PW 6). What is most important fact is that, number 941 is admitted as car number in the occurrence report 102 (Exh.55), which was lodged by the father of the appellant himself. Therefore, merely because series of registration is not appearing in the computer data, it will be difficult for us to reject the version of Shaikh Kaleem (PW 6). Further the car which was discovered at the instance of the appellant at parking zone at Nanded also bears registration no. 941. Therefore, cumulative effect of all these facts leads us to record a positive finding that the car of the appellant had passed through Kalyan toll post. Incidentally, this toll post falls on the road reaching to Nanded, whereat ultimately this car was found to be parked in the parking zone. This is also one of the corroborative piece of evidence to show that this car must have passed through Kalyan toll naka. Thus, passing of car bearing no. Incidentally, this toll post falls on the road reaching to Nanded, whereat ultimately this car was found to be parked in the parking zone. This is also one of the corroborative piece of evidence to show that this car must have passed through Kalyan toll naka. Thus, passing of car bearing no. 941 from road reaching to Nanded wherein the car was found is the sixth circumstance and/or it will be one of the couplings in the chain. 61. The location of the dead body, which was found to be thrown, is about 450 Kms. away from Pune. As found in the missing report of Shraddha, she was not carrying any amount with her while leaving her place of work at 4th floor. The car has passed through toll Naka at about 7.19 p.m. The car of the appellant was found leaving Symantec Company, Pune at 9.41 hours in the morning. Therefore, it is clear that the timing matches the exit of car from Company and passing through Kalyan toll plaza, in view of distance of 450 Kms. The learned Judge has rejected the circumstance that the body was brought to the spot through car as not established primarily because he rejected the circumstance that the car 941 passed through Kalyan toll Naka. Once it is established on record that the car passed through Kalyan toll Plaza coupled with the ultimate recovery of the car at the instance of the appellant at Nanded and the blood stained articles found in the said car, we record our positive finding that the dead body of Shraddha was carried in the said car and was thrown on the spot. Thus, the seventh circumstance in the prosecution case, which is duly proved, is that the dead body of Shraddha was carried by the appellant in the car no. 941 and it was thrown in the nearby vicinity of Kalyan toll plaza. 62. Another circumstance, by which the prosecution intends to complete the chain of circumstances, is the discovery of the vehicle and the weapon, namely the spanner (wheel pana) kept in the dicky of the said car. The said memorandum statement recorded under Section 27 of the Indian Evidence Act is at Exh.99. A very serious attack is launched on this aspect of the prosecution case by the learned Senior counsel. The said memorandum statement recorded under Section 27 of the Indian Evidence Act is at Exh.99. A very serious attack is launched on this aspect of the prosecution case by the learned Senior counsel. According to him, the said discovery panchanama (Exh.99) is a makeshift document, in as much as Parasmal Jain (PW 32), the panch on the same and who has proved the said discovery statement, is having a criminal background. Secondly, it was submitted that this witness is an interested one, looking to the fact that the religion of this witness and the religion of the deceased is same, namely Jain . The learned court below has rightly discarded the said argument, which was also advanced before the court below. Merely because the deceased and Parasmal Jain (PW 32) profess one religion, that by itself cannot be a circumstance to brand such person as an interested witness. The court below has found that in the searching cross-examination he has denied that the parents of the deceased used to visit his house whenever they used to visit Basmath. One of the important aspect of the learned Judge of court below, as noted, is that no suggestion was given to this witness that he is related to the deceased. The criticism in respect of discovery of the car as per memorandum statement (Exh.99) as made by the learned Senior counsel, is of no value, because according to him, the car is discovered from the parking zone of railway station of Nanded. 63. In order to buttress his submission, he has relied upon the reported decisions :- (a) SalimAkhtar alias Mota vs State of Uttar Pradesh [2003 Cri.L.J. 2302] (b) Abdul Sattar vs Union Territory, Chandigarh [1986 Cri.L.J.1072] (c) AslamParwez vs Government of NCT Delhi [2003 Cri.L.J. 2525] The dictum and ratio of all these reported judgments is that if the recovery is made from open place, which is accessible to all and every one, then the statement of the accused leading to discovery of the Article is of no value. There cannot be any second opinion in respect of the said settled position of law. However, the facts of those cases and the facts of the case in hand are distinct. In SalimAkhtar's case recovery of pistol and ammunition were from the open place which was accessible to all and every one. There cannot be any second opinion in respect of the said settled position of law. However, the facts of those cases and the facts of the case in hand are distinct. In SalimAkhtar's case recovery of pistol and ammunition were from the open place which was accessible to all and every one. Abdul Sattar'scase deals with the recovery of the wearing apparels of the deceased recovered at the instance of the accused therein from the public place. Also in AslamParwez's case, the discovered articles from the open place were the revolver and cartridges. In the present case, the recovery of the car and the articles having blood stains kept in the dicky and car are discovered. 64. The prosecuting agency has examined Harsh Tayade (PW 26) and Shaikh Faizal (PW 27), who were working at the parking place at railway station, Nanded. Both these witnesses turned hostile. However, the portions marked from their previous statements is proved by the prosecution and those are at Exhs. 125 and 126, respectively. Exh.100 is the recovery panchanama, in pursuance to the memorandum statement of the appellant/accused (Exh.99). The same is proved by independent witness Parasmal Jain (PW 32). The car cannot be hidden so easily, as one could hide the wearing apparels, pistol, revolver and cartridges. No doubt true, the car is found in the parking zone. Undisputedly, it is an open place. Open public place and the articles discovered at such open place accessible to public at large are two different things. Merely because, a car is parked at parking place, that does not mean that it is accessible to the public at large. The car was parked at parking zone of railway station. Cross-examination of Harsh Tayade (PW 26) would suggest that a receipt is issued in favour of the person parking the vehicle. There is one gate for entering in the parking area of railway station. Thus, this evidence would reveal that though the parking place/zone of railway station is an open place, it is not open to all the person. It is only the person who is having authorization will be entitled to park the vehicle. It is common knowledge that the paid parking zones are managed by the contractors. They will not allow any unauthorized person to deal with the car parked in the parking zone. It is only the person who is having authorization will be entitled to park the vehicle. It is common knowledge that the paid parking zones are managed by the contractors. They will not allow any unauthorized person to deal with the car parked in the parking zone. It is also the matter of common knowledge that parking zones at railway stations in India are paid parking zones. Therefore, merely because the car was found to be parked in open space of parking zone of railway station, Nanded, that does not mean that it was accessible to public at large. In these peculiar aspects, we are of the view that the ratio, as sought to be pressed into service by the learned Senior counsel, in the above referred cases, cannot be made applicable to the facts in the present case. 65. Further if the memorandum statement (Exh. 99) is minutely perused, it shows that the accused made disclosure statement stating his readiness to discover the wheel pana from the dickey of the car. The articles found inside the car and the dickey are surely not accessible to public at large. Any unauthorized person cannot deal with the car. If that be so, then the criticism of the learned Senior counsel regarding the articles found in the dickey and inside the car is completely misplaced, in as much as it was within the special knowledge of the appellant only. 66. At this stage, we find, the car number and its series as mentioned in the missing report of the appellant (Exh.55) tallies with the number and registration of the car discovered at parking zone at railway station, Nanded. Therefore, the discovery of the car bearing no. 941, along with the various articles recovered at the instance of the appellant as per Exhs. 99 and 100, is another circumstance in the case of the prosecution. At this stage, it will be useful to mention that a daily ticket from Nanded to Hyderabad was found with him which was one of the seven tickets as per seizure memo (Exh.62). Thus he must have purchased this ticket from Nanded railway station. This fact lends support to the fact that the car was parked by him in the parking zone of Nanded railway station. 67. Thus he must have purchased this ticket from Nanded railway station. This fact lends support to the fact that the car was parked by him in the parking zone of Nanded railway station. 67. When the dead body of Shraddha was not identified, the blood phial of unknown female was sent to the Regional Forensic Laboratory, Aurangabad. The said body was subsequently identified as of Shraddha. The blood group of Shraddha is B". Various articles from the car and dicky of the car, except Jean pant, T-shirt, brassiere and jangya, i.e. the spanner, fabric disk, small pillow, etc. were found. Out of those, the blood appears on the spanner, fabric disk, small pillow, rubber mat, tyre with disk, plastic quoted tin dabba, cleaner solution dabba, iron jack and hair clutcher. Exh.24 is the report from the Regional Forensic Laboratory, Aurangabad, dated 14.12.2009. The Chemical Analyser found that the articles were received in the said Laboratory in sealed condition. The seals were found to be intact. On all the above articles, the Chemical Analyser found that those articles are stained with blood having blood group-B. The Jeans pant, half T-shirt, brassiere and jangya belonged to the deceased. 68. When the car with all its registration number was in possession of the appellant as per Exh. 54, the missing report and the blood of group-B of Shraddha is appearing on the articles seized from the car. Therefore, it was incumbent on the part of the appellant to offer probable explanation as to how the blood stains of group-B are appearing on these articles. However, there is no explanation whatsoever in nature, leave apart probable, offered during trial by the appellant. Thus, it is most incriminating circumstance appearing against the appellant in the prosecution case, which only points out a finger of guilt towards the appellant that he is the appellant, who has carried the dead body of Shraddha in the car and it was thrown near the agricultural field at village Kawatha. 69. Another circumstance is the mobile hand set of deceased along with the Sim card found with the appellant when he surrendered himself before Chatushrungi police station. PW 23 is Udaysing Patil. On 3.8.2009 he was serving as Police Sub- Inspector at Police Station, Chatushrungi. On the said day, the appellant surrendered himself at the said police station. 69. Another circumstance is the mobile hand set of deceased along with the Sim card found with the appellant when he surrendered himself before Chatushrungi police station. PW 23 is Udaysing Patil. On 3.8.2009 he was serving as Police Sub- Inspector at Police Station, Chatushrungi. On the said day, the appellant surrendered himself at the said police station. From him, he seized two mobile phones, one of HTC company and another of NOKIA company, along with other articles. The said mobiles were having Sim cards. The seizure memo is at Exh.62. The hand set having the Sim card bearing no. 9420535545 was belonging to the deceased, as we have already discussed the evidence in this behalf of Vikas Wankhede (PW 11), who has proved Exh.37. Part of Exh.37 clearly shows that the said Sim number found in the said mobile phone was belonging to Shraddha. 70. We have noticed from the evidence that lastly when glimpses of Shraddha, as a living person, were catched in the CC TV camera, she was having mobile hand set in her hand. The car of appellant was found to be going outside the company premises on 28.7.2009 at 09.14.04.90 hours and from the evidence of Nikhil (PW 4), under whom the deceased was serving, it reveals that he received a blank SMS from 9420535545 at 10.09 a.m. After two minutes, he again received another sms from the said mobile of deceased informing that, _ going home for sis. B’day_ . Thereafter, though tried by Nikhil himself or by her cousin sister Sheetal, the said phone could not be contacted. Though the omissions in respect of non-finding of mobile phone are proved, as observed in the preceding paragraphs of this judgment, that time much important thing was trace of Shraddha rather than the cell phone. 71. We cannot forget that Shraddha was a Software Engineer. We are in telecommunication world. It is a matter of common knowledge that now a days cell phone is an integral part of a person. To add to it, Shraddha was a Software Engineer, a class, which heavily relies on telecommunication. Therefore, it is just impossible even to imagine that a Software Engineer is leaving work place without her cell phone. It is a matter of common knowledge that now a days cell phone is an integral part of a person. To add to it, Shraddha was a Software Engineer, a class, which heavily relies on telecommunication. Therefore, it is just impossible even to imagine that a Software Engineer is leaving work place without her cell phone. Therefore, the circumstance of cell phone belonging to Shraddha with the appellant at the time of his surrender on 3.8.2009 is also one of the circumstance showing the finger of guilt towards him, especially in absence of any plausible explanation offered by the appellant to that effect. 72. Another circumstance, which also appears incriminating against the appellant in the chain of events is the scientific evidence. Various articles were sent to the Chemical Analyser, including the blood of parents of deceased and appellant. The evidence of Manik Perke (PW 36) shows that he made a request to the medical officer to keep the sample of blood and body required for DNA test at very initial stage of the investigation and accordingly, the DNA extracted from muscle of that unknown body, which was subsequently identified of Shraddha, was sent for DNA test along with the blood sample of parents of Shraddha. The DNA reports are at Exhs. 112 and 113. DNA report Exh.113 is in respect of wheel pana and black colour rubber mat. These DNA reports show and prove that the blood on the spanner (wheel pana) and black colour rubber mat was of the deceased Shraddha. Therefore, the scientific examination conclusively proved that Shraddha was done to death by the spanner/wheel pana found in the car. 73. The learned Senior counsel strenuously urged that spanner i.e. Article I cannot be the weapon used for commission of the offence, in view of the shape of the injury found on the person of Shraddha. According to him, injury, if caused due to said weapon, ought to have been in round shape, however, the medical officer, who has conducted postmortem, found that the injury on the fore head of Shraddha was not round in shape. Secondly, had the other part of spanner used to assault the deceased, then there should be weal mark on the part of the body where the injury was sustained. However, the medical officer did not find any weal mark on the dead body. Secondly, had the other part of spanner used to assault the deceased, then there should be weal mark on the part of the body where the injury was sustained. However, the medical officer did not find any weal mark on the dead body. As such, as per the argument of the learned Senior counsel, the weapon of offence is planted one. This aspect is at length discussed by the learned Judge of the court below, in view of the fact that same were the arguments made before the learned Judge during the trial. The learned Judge has rightly rejected those submissions by supplementing the reasons. Since we accept the reasons supplemented for the same, we are rejecting the submissions of the learned Senior counsel in that behalf also. 74. Another circumstance, which further proves the case of the prosecution is, the conduct on the part of the appellant. (A) Why the appellant was found to be physically present in the morning hours of 28.7.2009 ? Nitin Kalingkar disclosed in his evidence that he received one SMS from mobile of the appellant that since he is not feeling well, therefore, he will not be attending his duties. As found earlier, this statement of Nitin has gone unchallenged. Once, the appellant was not to attend his duties, as he was not feeling well, his physical presence, as found in the CC TV camera of Symantec Company, speaks volumes about his conduct, and in fact, that shows, he reached there with some ulterior motive and plan in his mind and the said plan was to eliminate Shraddha, because she was not giving any response to his love calls. In that behalf it will be very useful to scrutinize the evidence of Swapnil Bhoskar (PW 10). This Swapnil is working as Senior Manager in Symantec Software Company. Police had made inquiries from him whether there was exchange of email between appellant and deceased. He, therefore, inquired about this fact from the Company's Server Security Department at America. Accordingly, that information was sent to him through e-mail and the said e-mail was proved by Swapnil and it is at Exh.Q. The said is dated 3.7.2009. NO cross-examination was offered by the appellant during trial to this witness. This email shows that it is sent by appellant to the deceased. Accordingly, that information was sent to him through e-mail and the said e-mail was proved by Swapnil and it is at Exh.Q. The said is dated 3.7.2009. NO cross-examination was offered by the appellant during trial to this witness. This email shows that it is sent by appellant to the deceased. It reads as under:- Aiseapni Wife ho 5 6 jiski height ho, Jeans jiski tight ho, Chehara jiska bright ho, Weight mein thodi light Ho, Umar me difference slight ho, Thodi see wo quiet ho, Aise apni Wife ho. Sadakper sab kahe kya cute ho, Bhid me sab kahe side ho, side ho, India ki paidaish ho, Sas ki seva jiski khwahish ho Aise apni Wife ho. Padosijab baat kare to haath me knife ho, Dinner candle light ho, Dono me na kabhi fight ho, Milane ke baad dil delight ho, Hey prabhu teri archana uski life ho, Yeh kavita padhke sab kahe Guru,tum right ho , Aiseapni Wife ho. Kaashyeh concept 0.0001 percent bhi right ho Agar aisi apni wife hoto kya hasin life ho Har kisi ki yahi farmaish ho kudratki bhi aajmaish ho Khudahke software mein bhi bug ki na gunjaish ho Ay kaash, kahin to ek aisi paidaish ho aisi apni wife, aisi apni wife ho._ Therefore, it appears that on the date of the incident, the appellant reached to the spot i.e. Company with the concrete intention to finish the chapter. (B) As found, the deceased left her place on 4th floor and the car of the appellant/accused left Company premises at 9.14 a.m. on the date of the incident. Nikhil Puntambekar deposes that he received a blank SMS from the cell phone of Shraddha at 10.09 a.m. and he received another sms at 10.11 a.m. from her cell phone intimating him that she was going for sister's birthday. There was no reason for Shraddha to send blank SMS to her boss at 10.09 a.m. on 28.7.2009. Further, no doubt true, on that day, there was birthday of Sheetal. Even that fact is asserted by Sheetal. We cannot forget one fact that Shraddha reached to her office in the morning for discharging her duties in the Company. It is a matter of common knowledge that a working lady, who has reported for the duty, will celebrate the birthday of her sister after her working hours. Even that fact is asserted by Sheetal. We cannot forget one fact that Shraddha reached to her office in the morning for discharging her duties in the Company. It is a matter of common knowledge that a working lady, who has reported for the duty, will celebrate the birthday of her sister after her working hours. For that purpose, in the midst of the work, surely she will not leave her work place. Had really that SMS was sent by Shraddha, she could have sent the same in the morning itself from her home, and for that she would not have reported to the work. At this stage, we will have to bear in mind, as established on record that the appellant and the deceased were knowing each other, therefore, the appellant knowing the fact of birth day of Sheetal cannot be ruled out. The blank SMS and in the midst of working time of sending another SMS to her boss, clearly shows that those SMS were not sent by deceased herself, but those were sent by the appellant/accused. These two SMS must have been sent after the commission of the offence. That is the reason that the appellant could not type any matter while sending the first SMS and blank SMS appears to have gone to the boss of Shraddha. Further if really Shraddha was leaving for her sister's birthday, then in that event, she will carry her purse and bag along with her. She will not leave her scooty at Company. All these three articles were found in the Company. In that view of the matter, we reach to the conclusion that those two SMS were sent by the appellant himself. Thus, this is a second part of the plan of the appellant. (C) May be on 28.7.2009 the appellant was not keeping good health, therefore, he did not attend the duties, however, he was not found to be on duty on subsequent dates also. Not only that, the appellant was found to be wandering from places to places in railway, till 3.8.2009 offence of commission of murder of Shraddha was not registered with police station Basmath or at any police station. Not only that, the appellant was found to be wandering from places to places in railway, till 3.8.2009 offence of commission of murder of Shraddha was not registered with police station Basmath or at any police station. Though a suggestion was given to Udaysing Patil (PW 23) P.S.I., police station Chatushrungi that the appellant was brought from his house by police to the police station, which was denied by the said police officer, there was no reason and/or occasion for Chatushrungi police to bring the accused/appellant from his house. The reason is obvious, because till 3.8.2009 even the dead body of Shraddha was not identified and her body was lying in the mortuary as unidentified one. From the evidence of Manik Perke (PW 36), it is clear that on 3.8.2009 he received telephonic message from Chatushrungi police station, Pune that the said dead body is of missing girl Shraddha Suresh Chhajed of Pune. Till that time, though the offence was registered in respect of death of unknown person, it was registered against the unknown person. From the evidence of Uaysing Patil (PW 23), the appellant surrendered before the police station Chatushrungi prior to 9.00 a.m., because in his cross-examination it is appearing that he resumed his duties at 9.00 a.m. on 3.8.2009 and the accused was at the police station before that time. If the offence was not registered against the appellant anywhere, there was no reason for Chatushrungi police station to cause his arrest. Therefore, the evidence of Udaysing Patil will have to be accepted that the accused surrendered himself at the police station. 75. At the time of arrest of appellant, apart from two hand sets, the other articles namely wrist watch, 7 railway tickets, pan card, 3 ATM cards, driving license and two I-cards were seized as per the seizure memo (Exh.62). In view of the seizure of 3 ATM cards, it is clear that the appellant was carrying cash with him, because through ATM card a person can withdraw the cash amount any time. The car of appellant passed through toll naka at 7.19 p.m. The said car was found to be parked at Nanded railway station parking zone. The 7 railway tickets, which were seized as per panchanama (Exh.62) show that out of 7 tickets, the first ticket is purchased at Nanded on 28.7.2009. The said ticket is daily ticket. The car of appellant passed through toll naka at 7.19 p.m. The said car was found to be parked at Nanded railway station parking zone. The 7 railway tickets, which were seized as per panchanama (Exh.62) show that out of 7 tickets, the first ticket is purchased at Nanded on 28.7.2009. The said ticket is daily ticket. From the said ticket, it is clear, it was purchased at 20.08 hours i.e. after near about 2 hours when the car was passed through Kalyan toll Naka, covering of that distance during that time is possible. It appears that, then the appellant has paid Rs.60/-as he boarded Bogie S-2 at Birth No.29 and reached Hyderabad from Nanded. During trial, Manojkumar Thakur (PW 35), a barber from Classic Hair Saloon, Begum Bazar, Hyderabad, was examined and he turned hostile. As per the case of the prosecution that at Hyderabad the appellant removed his beard and turban by removing his hairs. This gets confirmed, when at the time of his arrest by Basmath police his photograph is taken, which shows he was not having turban and beard on his person. The beard in that photograph appears to be fresh one. It appears that from Hyderabad he went to Bhopal, because there is a daily ticket dated 29.7.2009 and it was purchased at 17.16 hours. After reaching Bhopal, it appears that he took reservation ticket on 30.7.2009 for Nizamuddin from Bhopal. On 31.7.2009, he purchased a ticket from Nizamuddin to Kota. Then on 1.8.2009 he purchased ticket from Kota to Jaipur. The distance is not much, therefore, on very same day, he boarded train to Ahmedabad, as there is a ticket dated 1.8.2009 from Jaipur to Ahmedabad. Then on 2.8.2009 he purchased a ticket from Ahmedabad to Solapur and ultimately he surrendered himself on 3.8.2009 at Pune. What was the reason for wandering this Software Engineer without any purpose from 28.7.2009 to 2.8.2009. His subsequent conduct of absenting from his regular work place, as a Software Engineer, will be relevant fact in view of Section 8 of the Indian Evidence Act in the present case. 76. What was the reason for wandering this Software Engineer without any purpose from 28.7.2009 to 2.8.2009. His subsequent conduct of absenting from his regular work place, as a Software Engineer, will be relevant fact in view of Section 8 of the Indian Evidence Act in the present case. 76. The learned Senior counsel also submitted that the prosecution evidence in respect of Chemical Analyser's reports and DNA reports create doubt in view of the fact that there is no evidence on record to show that the seized properties were kept in sealed condition by the medical officer of the investigating officer. The learned trial court in its judgment regarding aspect of sealing found that the investigating officer and the medical officer are independent witnesses. They are public servants. They were subjected to lengthy cross-examination, however, their testimonies remained to be un-impeached. Further, there are no allegations of malice being nursed by these two independent public servants against the appellant. The learned Judge further found that there is nothing on record to show that the proper procedure was not adopted while sealing the property. We concur with these reasonings, and therefore, we reject the submissions made by the learned Senior counsel appearing on behalf of the appellant/accused. 77. Lastly, it is the submission of learned Senior counsel that present case cannot be covered by Clause Thirdly of Section 300 of the Indian Penal Code, and at the most the appellant deserves punishment under Section 325 of the Indian Penal Code for voluntarily causing grievous hurt. In that behalf, he placed reliance on the landmark judgment of the Hon'ble Supreme Court in the case of VirsaSingh vs State of Punjab [ AIR 1958 SC 465 ]. It is clear that the prosecution has, beyond reasonable doubt, proved that the bodily injury was present. In view of the evidence and the attending circumstances, as appearing in the prosecution case, the prosecution was successful to bring home the guilt of the accused/appellant that he caused that bodily injury with an intention. Further, it is clear that the said injury was not accidental one. Dr. Manoj Bagal (PW 25) found that the injury on the fore head of Shraddha can be caused by blow of hard and blunt object. Not only that, Article 'I' the spanner was shown to him and he replied that the said injury is possible by the said weapon. Dr. Manoj Bagal (PW 25) found that the injury on the fore head of Shraddha can be caused by blow of hard and blunt object. Not only that, Article 'I' the spanner was shown to him and he replied that the said injury is possible by the said weapon. In view of the consistent medical evidence and all the attending circumstances, we are of the view that VirsaSingh's case and the other cases are not helpful to the case of the appellant and the act of the appellant squarely falls in Clause Thirdly of Section 300 of the Indian Penal Code. Consequently, he deserves punishment for the offence punishable under Section 302 and not under Section 325 of the Indian Penal Code, as suggested by the learned Senior counsel. 78. In that view of the matter, we find the following circumstances in the present case. (A) CDR entry no.167 shows one SMS sent from mobile no. 9823029915 of the appellant to mobile no. 9420535545 of deceased at 7.49.38 hours; while phone call sent from mobile no. 9823029915 to mobile no. 9420535545 at 8.41.52 hours, those being in close proximity to the entry of deceased in the company and photograph Article-I , and the fact that no call record was available in the cell phones after 8.41.52 hours. As such on 28.7.2009 the appellant was in touch of the deceased. (B) The deceased left her work place on 4th floor in pursuance to the phone call from the appellant. (C) The vehicle of Shraddha, two wheeler-scooty, was found in the parking place of the company. Her purse and bag were also found on her counter. However, her mobile was not found in that bag or purse. (D) Both the appellant and Shraddha were found missing from morning of 28.7.2009 and missing reports regarding the said fact were lodged with Chatushrungi police station, Pune. (E) After committing some harmful act to the deceased, the appellant had taken Shraddha in his car. (F) Passing of car bearing no. 941 from road reaching to Nanded via toll post and the car being found at Nanded railway station parking zone. (G) The dead body of Shraddha was carried by the appellant in the car no. 941 and it was thrown in the nearby vicinity of Kalyan toll plaza. (H) Discovery of the car bearing no. 941 from road reaching to Nanded via toll post and the car being found at Nanded railway station parking zone. (G) The dead body of Shraddha was carried by the appellant in the car no. 941 and it was thrown in the nearby vicinity of Kalyan toll plaza. (H) Discovery of the car bearing no. 941, along with recovery of various articles at the instance of the appellant as per Exhs. 99 and 100. (I) Articles found in the dicky and inside the car were within the special knowledge of the appellant only. (J) As per the report of the Chemical Analyser, the articles sent for examination bore blood stains of group-B , which blood group belonged to Shraddha. (K) Finding of Cell phone belonging to Shraddha with the appellant at the time of his surrender on 3.8.2009. (L) Conclusive proof by the scientific examination that Shraddha was done to death by the spanner/wheel pana found in the car. (M) Concrete intention and plan on the part of the appellant to finish Shraddha. (N) Wandering of appellant-Software Engineer without any purpose from 28.7.2009 to 2.8.2009 by absenting himself from his regular work place. The car of appellant passed through toll naka at 7.19 p.m. The car was found to be parked at Nanded railway station parking zone. Seven railway tickets were seized from the appellant at the time of his arrest vide seizure panchanama (Exh.62). The first ticket is purchased at Nanded on 28.7.2009. The said ticket is daily ticket. From the said ticket, it is clear that it was purchased at 20.08 hours i.e. after near about 2 hours from the car was passed through Kalyan toll Naka. Then the appellant paid Rs.60/- as he boarded Bogie S-2 at Birth No.29 and reached Hyderabad from Nanded. From Hyderabad he went to Bhopal, because there is a daily ticket dated 29.7.2009. It was purchased at 17.16 hours. After reaching Bhopal, he purchased ticket dated 30.7.2009 for Nizamuddin from Bhopal. On 31.7.2009, he purchased a ticket from Nizamuddin to Kota. On 1.8.2009 he purchased ticket from Kota to Jaipur. On the same day, there is a ticket which was seized from him dated 1.8.2009 from Jaipur to Ahmedabad. Another ticket which was found in possession of the appellant is dated 2.8.2009 from Ahmedabad to Solapur, and ultimately he surrendered himself before Chatushrungi police on 3.8.2009. On 1.8.2009 he purchased ticket from Kota to Jaipur. On the same day, there is a ticket which was seized from him dated 1.8.2009 from Jaipur to Ahmedabad. Another ticket which was found in possession of the appellant is dated 2.8.2009 from Ahmedabad to Solapur, and ultimately he surrendered himself before Chatushrungi police on 3.8.2009. (O) In spite of the fact that till the time he surrendered before Chatushrungi police station on 3.8.2009, no offence was registered against the appellant and in fact the offence was registered against unknown person. 79. On minute re-appreciation of the entire evidence, we find that the above circumstances are duly proved. The chain is complete. The prosecution has proved the circumstances appearing in this case. The inference of guilt is cogently and firmly established. 80. In that view of the matter and in the light of the above discussed evidence, it is clear that the appellant must be punished for committing the murder of Shraddha. Accordingly, we dismiss the appeal by confirming the judgment and order of conviction, dated 15.4.2011, passed by the learned Additional Sessions Judge, Basmath, in Sessions Trial No. 10 of 2010. 81. Before parting with the judgment, we place on record our word of appreciation for the assistance rendered by the learned Senior counsel representing the appellant Shri Gupte along with Shri Satej Jadhav and the learned A.P.P. Shri S.D. Kaldate appearing for the respondent/State, to reach to the correct conclusion. Appeal dismissed.