2. The case of prosecution can briefly be stated as
follows :
Deceased Ruksana Bano was working as a Security
Guard in day time on the Construction site of one Mohd. Ashraf
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Mohd. Aziz situated at Yashodhara Nagar, Nagpur. While appellant
was working in Oxygen Cylinder Company situated near the
Construction site. On 19.4.2015, deceased had dinner with PW-7
Roshan Parveen Mohd. Ayub Sheikh. The deceased informed her
that, as wife of appellant was not in his house, she had also brought
meals for him and that the appellant was to come to have night
meals in her house. Thereafter, on the following day, dead body of
deceased was found at the site which was noticed by PW-2 Iqbal
Ahamad Khan, Security Supervisor who, therefore, gave information
vide his Report (Exh.31) which was recorded by PW-12 P.S.I. Suchita
Uday Mandare, who was attached to Yashodhara Nagar Police
Station and accordingly, she registered Marg No.19 of 2015 and
investigated the same, during the course of which she visited the
spot, drew Spot Panchanama and also seized bangle pieces under
Panchanama (Exh.39). Further investigation was carried out by
PW-13 A.P.I. Vikrant Ashokrao Sarne, who, on 21 st April, 2015,
recorded statements of five witnesses and effected arrest of appellant
on the same day under Arrest Panchanama (Exh.63) and seized
clothes on his person under Seizure Panchanama (Exh.42). On 23 rd
April, 2015, Memorandum Statement of appellant is recorded vide
Exh.43 and in pursuance to same, appellant discovered one coconut
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string in two pieces from the terrace of his house and seized mobile
phone of deceased under Panchanama (Exh.44) from PW-8 Sushila
Bhalavi. Thereafter, the appellant was referred for his medical
examination to verify if he was potent and for collection of his blood
sample under Requisition memos (Exh.54 and 55 respectively).
Query was made to PW-10 Dr. Sachin Giri by forwarding Coconut
string under requisition memo (Exh.67), which query was duly
replied by the said Medical Officer. Seized muddemal articles were
forwarded to Chemical Analyser under requisition memo (Exh.68).
During the course of investigation, Attendance Register Sheet of
appellant came to be seized under Seizure memo (Exh.72) from
PW-14 Vinodkumar Vishwanath Pande, who was working in the
Company where the appellant was working. On completion of
investigation, charge-sheet is filed before the learned Judicial
Magistrate, First Class, Nagpur. In the course of time, the case was
committed to the Sessions Court for trial.