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11. P.W.1 has, further, stated that thereafter he called accused Arjun Naik, Ganu Naik, Subrao Patil and Ramchandra Naik and made enquiry from them and they told that Yallubai had illicit relations with accused No. 3 Arjun Naik and she was pregnant from him, that she was taken to hospital at Adkur for her abortion, that she was given injunction and in that attempt she died. Thereafter accused No. 3 returned to his village Arjunwadi and told his father about the death of Yallubai and asked his father to call her parents. But thereafter accused No. 3 took other accused with him to Adkur. They carried spade with them. Yallubais body was kept in a gunny bag, it was tide and buried in Adkur limits.

9. Panchanama of Memorandum under Section 27 of accused No. 1 Floor Kutino about production of weapon. (Exhibit 26).
10 Panchanama of production of spade by accused No. 5 Ganu Yallappa Naik dated 21.8.86. (Exhibit 27).
11. Panchanama of production of pick-axe by accused No. 4 Ramchandra Babu Naik dated 21.8.86. (Exhibit 28).
12. Panchanama of attachment of earth from the place of dead body buried dated 22.8.86. (Exhibit 29).
13. Production of abortion bag by accused No. 3 Arjun Ganu naik dated 22.8.86. (Exhibit 30).
14. Panchanama of attachment of medicines from the hospital of accused No. 1 Flora Kutino dated 22.8.86. (Exhibit 31).
15. Panchnama of production of carpet (Ghongade) by accused No. 2 Francis Lizario dated 22.8.86. (Exhibit 32).
16. Memorandum regarding Muddemal of accused No. 3 Arjun Naik dated 22.8.86. (Exhibit 33).
17. Memorandum of production of torch by accused No. 4 Ramchandra Naik dated 24.8.86. (Exhibit 35)
18. Another panchanama dated 24.8.86. (Exhibit 36).

Page 0659

21. Then on 22.8.1989 also certain documents were produced and admitted in evidence. Those are:

29. At this juncture three more important pieces of evidence were tendered by the prosecution in the form of panchanamas. They are at Exhibits 27, 28 and 29. These panchanamas were exhibited by consent of defence under Section 294 of the Cr.P.C. The witnesses examined by the prosecution, unnecessarily in this regard, turned hostile. But the IO PSI Pratap Randiwe (PW 12) has proved these panchanamas and, there is absolutely no cross examination in that regard. Regarding Exhibit 27, P.W.12 has stated that accused No. 5 desired to point out the spade used by him. Accordingly memorandum was prepared in presence of panch. It is at Exhibit 27. Then police party went to the house of accused No. 5 and from the loft in kitchen Page 0661 the said accused produced the spade to which soil was attached both on the handle and in the iron portion of the spade. Then another document is at Exhibit 28. It is about recovery of pick-axe at the instance of accused No. 4 Ramchandra Naik. His statement was recorded in presence of panchas, as per the evidence of PW 12. Accused No. 4 expressed his intention to take out pick-axe from the place where he had hide it. The police party, therefore, after preparing memorandum, went to the spot as shown by accused No. 4 and, from the house where the family members of accused No. 4 were residing, the accused No. 4 took out the pick-axe from the room. There also soil was attached to the handle and to the iron portion. It was seized under the same panchanama. Exhibit 29 is another panchanama. It is about recovery of mud or soil from the place where the dead body of Yallubai was buried. This was shown by accused No. 3 Arjun Naik and, when accused No. 3 led the police party, in his presence sample of soil was taken. It is pertinent to note that this soil was of red colour and the soil attached to the handle and iron portion of pick-axe and spade was also of red.