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BRIJESH KUMAR, Y.K.SABHARWAL
Amit @ Ammu – Appellant
Versus
State of Maharashtra – Respondent


Counsel for the Parties :
For the Appellant :M.R. Daga, C.R. Thakur and R.S. Lambat, Advocates.
For the Respondent:Ravindra Keshavrao Adsure, Advocate.

ORDER

The dead body of deceased, a young child aged about 11-12 years and student of VI standard, was first sighted by PW1 on 29th March, 2001 at about 3.45 p.m. Immediately, he reported the matter to the concerned police station. His oral report was recorded into writing, i.e. FIR Ex.No.28.

2. On Ex.28, it has been recorded that on 29th March, 2001, PW1 accompanied by Ajay PW11, had gone to the rear portion of a place known as Gaimukh for grazing she-buffaloes. One of the buffaloes went in a dilapidated building close-by. In order to drive out that animal on going inside, he noticed the dead body of a school girl in school uniform lying in supine condition. He informed the police. The two police officials came to the site along with him. The said unidentified girl was seen by him the previous day as well in the forest in the area where he usually goes for grazing of the animals. At that time she was in the company of a boy aged about 20 years. She was carrying school bag. At that time too, PW11 was with PW1. The description of the boy has also been given. The said boy was having with him bycycle like that of Ranger type. The boy on being asked gave his name as 'Gandhi' a

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