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 ring and painjan was found on the person of deceased. These articles and the clothes were removed from dead body before sending it for post-mortem. Clothes and articles were seized by panchnama (Exh.24), prepared on 16th June 2012, in presence of two panch witnesses one of whom was Indrajit Azhad (PW-5).

(d) Mr. Rajkumar Vishnu Kothmire P.I (PW-8) was attached to Ghatkopar Police Station at the relevant time. Photograph of the dead body were clicked before sending it for postmortem since the body was not identified. He gave photograph of the body for publishing in newspaper. It was published in Gujarati, Daily “Metro Mirror” through Mr Jignesh Jagdish Pathak (Court Witness). Initially accidental death case No. 120 of 2012 was registered. Post-mortem report was received. Opinion was reserved. After receipt of report from Forensic Laboratory regarding viscera, cause of death was given as “Hemorrhagic shock due to head injury with skull bone fracture (un-natural)”.

(e) The photograph of dead body published in the newspaper was noticed by Mr. Allauddin Hafizullah Maniyar (P.W-1). He suspected that photograph is of his sister Jugara. He was working at Bhivandi, District-Thane. He went to Ghatkopar Police Station and met Mr. Kothmire. He was taken to mortuary. He identified the dead body to be that of his sister Jugara. After identification of the dead body, statement of P.W-1 was recorded and FIR was registered on 26th July 2012.

(f) P.W-1 is the brother of deceased. According to him Jugara was married to accused No.1 (Appellant) six years prior to the incident and she was residing at Gaudi Bajar, Uttar Pradesh. The accused was suspecting that she was having relation with person named Mubarak. She was ill-treated. On 06th July 2012, accused No.1 left the native place along with deceased and their son. While leaving village, he informed that, he was leaving for Mumbai. On 17th July 2012, accused No.1 returned to village along with his son. On inquiry by family members of P.W-1, he informed that Jugara ran away.

(g) Investigating team went to native place of accused at Gaudihawa, Misaroliya Janpad, District- Siddharth Nagar,Uttar Pradesh. Accused No.2 is father of accused No.1. He aided and abetted accused No.1. Both were arrested and brought to Mumbai.

(h) During investigation house of accused at Borivali was searched on 31st July 2012, in the presence of panch witnesses. Mr. Salim Mehmood Sayyed (PW-10) was one of the panch witness. One rexine bag containing clothes of deceased, other clothes and imitation jewellery was found. Photograph of deceased was also found. These articles were seized by panchnama (Exh.37). On 01st August 2012, accused No.1 made voluntary statement in the presence of two panch witnesses, Investigating Officer and expressed his desire to