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8) were also present. At about 10-11 PM she left for home to collect her own play sticks but did not return thereafter. On dance programme being over, brother and sister of the deceased returned home and not finding the deceased on her bed they told her mother Ghasnin Bai (PW-12) and father (the accused herein) about her absence. However, the next day i.e. on 6.11.2009 body of the deceased with injuries caused by sharp edged weapon, was found in her backyard. FIR Ex. P-6 was lodged on that very day at 4.45 PM by village Patel Rai Singh (PW-2) against an unknown person for the offence punishable under Section 302 IPC. Immediatley thereafter merg Ex. P-7 was also recorded. After making inquest vide Ex. P-2 the dead-body was sent for postmortem examination which was conducted by Dr. Seema Thakur (PW-10) who gave her report Ex. P-

7. Heard counsel for the parties and perused the material available on record.

8. Ramdhin (PW-1) is the witness to inquest Ex. P-2. Rai Singh (PW-2) is the witness who lodged FIR Ex. P-6 and merg Ex. P-7. He has stated that the name of the assailant could not come to the fore nor did the accused tell him anything about the deceased. He is also the witness to memorandum Ex. P-8, seizure of axe made under Ex. P-9 and the arrest of the accused/appellant made under Ex. P-10. He has again reiterated that he was not aware of the name of the killer of the deceased. Shyamlal Gada (PW-3) - the witness to memorandum of the accused Ex. P-8 and seizure of axe made under Ex. P-9 has not supported the case of the prosecution and has been declared hostile. Vishesh Kumar (PW-4) is the brother of the deceased who had also gone to attend the dance programme. According to this witness, on the date of incident he along with his two sisters including the deceased had gone to participate in a folk dance programme. Meanwhile, deceased went home to collect her own play sticks but did not return thereafter. Half an hour thereafter he also went back home but the deceased was not there and in the morning her dead-body was found in the backyard of his house and then he informed the accused/appellant accordingly. Similar statement has been made by Ku. Vishwasa (PW-8) who too had gone to participate in the dance programme along with deceased and (PW-4). Thakur Ram Marar (PW-5), Shyamlal (PW-9) and Ghasnin Bai (PW-12) - the mother of the deceased, have not supported the case of the prosecution and have been declared hostile. PW-9 has however stated that one Santram Marar (PW-7) was also called by the police suspecting him to be the assailant. Asharam Marar (PW-6) has also not supported the case of the prosecution and has been declared hostile. Santram (PW-7) is the witness who was called in the meeting as a suspect for the killing of the deceased. He is also stated to have been made sit by the police. This witness however has not stated anything specific against the accused/appellant. Dr. Seema Thakur (PW-10) is the witness who conducted postmortem examination on the body of the deceased and gave her report Ex. P-17 stating that she noticed two incised wounds on her body - one in the right mandible region in the size of 4 x 1.5 x 2 inch and another on the neck in the size of 3 x 1 x 3 inch caused by the sharp object. Cause of death, according to this witness, was haemorrhage, and mode as homicidal in nature. Ku. Imla (PW-11) is the witness who was also enjoying dance programme along with the deceased but she has not stated anything specific against the accused/appellant. Samund Singh (PW-13) and F.J. Tigga (PW-15) are the witnesses who assisted in the investigation. G.R. Chandel (PW-14) is the investigating officer who has duly supported the case of the prosecution.