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2. The prosecution case briefly stated is that Draupadi Shinde was residing at Babhalgaon with her husband. Draupadi had three sons PW 19 Vijaykumar, PW 7 Sarjerao and conf4-09.doc Rajendra. They were all residing separately at Barshi.

Accused Kamlakar was the nephew of Draupadi. He was also resident of Babhalgaon. On 26.07.2007, Draupadi came to Barshi to take darshan of Lord Bhagvant and to meet her children. In the morning at about 9.00 a.m., Draupadi along with one Vimal Shinde came to the house of her son PW19 Vijay. At that time, PW 17 Vandana wife of Vijay was at home. They had tea, then Draupadi and Vimal left to visit the other sons of Draupadi and to go to the temple for darshan.

On the next day i.e on 27.07.2007 at about 6.00 p.m., PW 3 Nandkumar Netake who was a resident of Babhalgaon and had a shop at Barshi received a telephone call from conf4-09.doc Babhalgaon asking him to find out whether Draupadi had arrived at the house of PW19 Vijay or not. Accordingly, he went to the house of Vijay. He made enquiry with PW17 Vandana Shinde who was present at home, whether Draupadi had arrived there or not, whereupon, Vandana informed him that Draupadi had already left on the earlier day at about 05.00 p.m for Babhalgaon. At about 07.00 p.m, Vijay - husband of Vandana came home. Vandana informed him that his mother had not reached Babhalgaon. They made inquiry with PW7 Sarjerao and Rajendra Shinde whether their mother Draupadi had come to their house. Sarjerao and Rajendra informed that Draupadi had not come to their house after 04.30 p.m. Vijay, Sarjerao and others searched for Draupadi but she could not be traced, therefore, on 29.07.2007 at about 11.35 a.m., PW 19 Vijay lodged missing report [Ex 60] at Barshi Police Station. In the said missing report, it is stated that at about 4.30 to 5.00 p.m. when Draupadi was returning with Kamlakar to Babhalgaon, while Kamlakar stopped to make a telephone call, Draupadi went little ahead and thereafter, she could not be found. The description of Draupadi was stated in the missing complaint that she was slim built, height about 5 ft and had wheatish complexion,. It was also stated that she had black and white hair and she wears spectacles. The description of clothes and ornaments on the person of Draupadi was also given i.e yellow Solapuri saree with red colour blouse and conf4-09.doc she was wearing Mangalsutra, two gold patalies [ type of bangles ], two gold rings and gold tops.

15. PW15 Faruq is the next witness on the aspect of last seen. This witness has stated that on 26.07.2007 at about 4.45 p.m., he was waiting for ST Bus to go from Barshi to Pangari. He stated that if one has to go to Pangari from Barshi, one has to catch the Barshi-Yedashi-Barshi bus. He saw one lady aged about 50 to 55 years waiting at the ST stand. She was wearing spectacles. There was yellow greenish saree on her person. One boy of blackish colour aged about 25 years was with that lady. At about 5.00 pm, Barshi-Yedashi bus came to the spot. Faruq was sitting beside the seat of the conductor which is provided for three persons. He was sitting on the window side of the seat which was meant for three persons. The lady and the boy who was with her also came in the bus and sat near his seat. The lady told him that she had vomiting sensation, therefore she wanted to sit at the window seat. Faruq inquired with the lady where she was going, at that time, the boy who was sitting with the lady told Faruq that they had to go to Yedashi. Faruq gave his seat at the window side to the lady as his stop was earlier to their stop. Thereafter, he got conf4-09.doc down at Pangari ST stop and the two persons i.e lady and the boy went ahead in the same bus. This witness has identified the photograph of Draupadi to be the same person to whom he gave his seat in the bus. He has also identified the accused as being the same person who was along with that lady.

69. Thereafter, Mr. Mane submitted that the scene of the incident is in Osmanabad, hence, Barshi police station could conf4-09.doc not have investigated the case and no F.I.R. could have been registered at Barshi police station. We do dot agree with Mr. Mane that the incident took place at Osmanabad. The offence of Section 364 of the IPC started at Barshi. The accused took Draupadi with him to Ramling forest where he committed her murder. Even assuming for the sake of argument that the spot where the accused committed murder of Draupadi in Ramling forest falls in Osmanabad, however, looking to the fact that the offence started from Barshi, the FIR was rightly registered at Barshi Police Station and Barshi Police Station has rightly conducted the investigation in the said case and filed charge sheet.