JUDGMENT :

Prakash D. Naik, J.

1. The appellant and accused No.2 were prosecuted for the offence under Section 302 , 201 r/w. 109 of INDIAN PENAL CODE (for short “IPC”). The First Information Report (for short “FIR”) was registered vide C.R.No. 222 of 2012 registered with Ghatkopar Police Station.

2. The case of the prosecution is as under:

(a) On 16th July 2012 message was received by Asst. Sub- Inspector Mr. Jagannath Maroti Shinde (PW-4) attached to Ghatkopar Police Station, from control room that one female was lying in a drainage near Balasaheb Desai Colony, Ghatkopar. He proceeded to the said spot. It was a gutter in front of Home Guard Training Center, Ghatkopar West Mumbai. Body of female was found in the drainage.

(b) Fire Brigade was called and body of the female was taken out. It was taken to Rajawadi Hospital by mobile van of Ghatkopar Police Station. Medical Officer at Rajawadi Hospital examined the body and found that the female was brought dead.

(c) Inquest Panchnama Exh.36 was prepared on 16th June 2012 in presence of two panch witnesses, one of whom was Salma Ayuf Khan (PW-9). There was green top and black salvar on the dead body. One metal finger ring, mangalsutra, ear