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Not finding Rohan in the college on 21st July, PW-29 tried to contact him on phone after returning from college but got no response . On 21st July, 1992, PW-35 went for her daily chore at about 4.00 P.M., rang the bell but nobody opened the door. She went to the back side of the bungalow and knocked the door. She did no get any response. She found the milk sachets in the verandah. She thought that the condition of the mother of Mrs. Ohol might be serious and the family might have gone to the hospital. So, she took the milk sachets and went home. At about sunset, she sent her daughter and son with the milk bags to the bungalow to deliver the same, but they returned with the milk bags stating that nobody was attending to the door bell and also informed that the maruti car was not in the porch. PW-26 did not see Mr. Mohan Ohol and his maruti car in the evening of 21st July, generally, he used to see Mr. Ohol in the evening between 7.00 and 7.30 P.M. On 22nd July, in the morning, when PW-22 went to Rooman bungalow, he saw the newspaper attached to the gate. He entered the gate and went near the rack and found the newspaper of the earlier day still there but he did not find the milk bags put by him on 21st July. He kept the newspaper of 22nd July, which he had picked up from the gate and shouted "Doodh, Doodh." As the maruti car was not there, he thought the family had gone out. He pressed the door bell but did not get any response. he then left the place with milk bags. On the way, he enquired from the wife of watchman of bungalow of Sardarji and learnt that the relative of Ohols' family was sick and that they might have gone there and that somebody might have taken away the milk bags. On 22nd July, PW-23 kept newspaper at the gate in the morning as usual. On the evening of 22nd July, after PW- 26 returned from his work, he did no see Mr. Ohol between 7.00 and 7.30 P.M. as usual and he also noticed that the car of Mr. Ohol was not in the bungalow. In the evening, the nephew and niece of Mr. Ohol, Viren and Rodha, came to the bungalow to enquire as their parents were informed that neither Mrs. Ohol nor any member of her family had gone to the Ruby Hospital to see her ailing mother and they were not getting any response on phone. They noticed that the lights on the ground floor of Rooman bungalow were burning. On 22nd July, when PW-21 went to the bungalow at 9.00 P.m., he pushed the door bell button but the bell did not ring. The entrance door of the bungalow was closed, the lights were `on' on the ground and the first floor but the maruti car was not there, Then he went to the bungalow of PW-26. When he returned, he found PW-3, two others and PW-26 there, They asked PW-21 to go on the terrace and find out if there was anything abnormal. He reported that he did not find anything there but thereafter he pointed out that ants were going in and coming out of the bath room on the ground floor. He then removed glass and saw that human bodies were lying in the tub in the bath room. All the doors were closed. By that time, Vijay Ohol (PW-3) had also come. He and pw-21 went to the police in a jeep. Sahebrao Pangare, Assistant Sub- Inspector of Police (PW-63) and PW-82 accompanied them to the scene of offence. They broke open the door of the kitchen. They found that the house was ransacked. The disfigured dead bodies of Mr. Mohan Ohol, Mrs. Ruhi Ohol and their son, Rohan Ohol were lying in the tub in the bath room. The dead bodies were removed from the tub and panchnamas were prepared. Mr. Salim Mohammed Sheikh (PW-1) is the panch witness of inquest panchnamas conducted by PW-

78. Exhibit 11 is the inquest panchnamas of the dead body of Rohan Ohol, which was dignified by PW-26. In the said panchnama, the condition of the body was described. Exhibit 12 is the inquest panchnama of the dead body of Mrs. Ruhi Ohol, which was identified by PW-3. The condition of the dead body was described therein. Exhibit 12 is the inquest panchnama in respect of the dead body of Mr. Mohan Ohol. It contains the particulars of the dead body of Mr. Mohan Ohol. The dead bodies were sent to the hospital for post-mortem examination. Dr. Lakshman Govindan Ferwani (PW-73) conducted autopsy on the dead bodies o the deceased, Rohan Ohol and Mohan Ohol and issued post-mortem certificate, Exh.268 and Exh. 270 respectively, and Dr. Lakshmikant Bade (PW-74) conducted autopsy on the dead body of Mrs. Ruhi Ohol and issued the post-mortem certificate (Exh. 278). PW-73 opined that the cause of death of Mr Rohan Ohol and of mr. Mohan Ohol was due to suffocation of the neck. Similar was the opinion of Pw-74 as to the cause of death of Mrs. Ruhi Ohol. Among the injuries found on the dead body of Mrs. Ruhi Ohol, there were injuries on her private parts which were opined to be due to violent sexual attack by more than one person on her. PW-82 conducted Panchnama (Exh. 28) of the scene of occurrence and the following among other articles were found: spool of celo plast, Newspaper, . The Sakal. of 18th July, 1992, but it did not have the first and the last page; Books of PW-29, Gold Flake cigarette stubs; bed sheet containing stains of blood and semen in the bath room, it was also noted that the maruti car (MAF-5436) of Mohan Ohol was not at the bungalow. The investigating officer (PW-83) was entrusted with this case. He took over the case from PW- 82 and continued investigation. He sent the message about the theft of the car and kept PSI Tukaram Dwarkanath Gaud (PW-48) on watch duty. PW-78 was entrusted with further investigation.

On the night of July 27th, Investigating Officer (PW-

83) and his party went to Bombay in three vehicles. After getting the clues of the accused persons, they first went to Borivili. A-3 was not there in the house but his brother 's wife, Smt. Archana Desai, was there. In the search made by them, certain articles were found. Exhibit 30 is the search panchnama. PW-6 is one of the panch witnesses. Among the articles found were: silver tea set, silver tray, two pairs of socks. two sets of keys, the keys included maruti car key, the key of Kinetic Honda and the key of the main door of Rooman bungalow, one stainless steel knife, one hot-shot camera and one two-in-one of National company. In the said tape recorder, one cassette was there with a sticker containing the name, address and phone number of Mr. Rohan Ohol. The seizure memo of these articles is Exhibit 30. The panchas and PW-83 signed the said seizure memo. A-1 and A-2 were arrested on 28th July, 1992, On personal search of A-1, one cigarette packet of Gold Flake containing four cigarettes, one key and Rs.19/- were found with him. The arrest panchnama is Exhibit 31. Those articles were not seized. Thereafter, Exh. 32, arrest panchnama of A-2 was drawn. No incriminating articles were found from his person. A-2 made his voluntary statement (Exhibit 36) pursuant to which a black brief case of VIP company with the stickers "M" "O" was recovered. On opening the said brief case, visiting card of Mr. Mohan Ohol, Pneumatic Kirloskar Company, was found. The other articles recovered were one small tape recorder, one transistor, one Eliminator, one wrist watch of Allwyn Company, one country made revolver, one pair of shoes wrapped in the first and the last page of the newspaper of Pune `The Sakal' dated 18th July, 1992 and one button knife having hrass handle. In the said revolver, there were four cartridges. The articles recovered under panchnama (Ext 37) are marked as Articles 55 to 63. Pursuant to the further statement (Exhibit 38) made by A-2 VCR of National Panasonic Company was recovered from the house of one Bharat Salekar (PW-59) and ornaments (Articles 64 to 73) were recovered from Choksi Jewellery shop, V.P. Road, Borivili. The ornaments that were sold by A-2 on 24th and 25th July are three golden rings, two bangles having black beads, one neckless (disco chain), one pair of ear tops and one small ear chain. The gold ornaments and the receipt books were seized under recovery Panchnama Exhibit 39.

The cigarette stubs of Gold Flake found at the scene of occurrence and noted in the panchnama (Exhibit 28) were sent for chemical analysis. Bed sheet found in the master bed room of Rooman bungalow containing the stains of blood and semen was also sent to the chemical analyser along with other blood stained articles. The blood and hairs of the appellants were sent for chemical analysis. The reports of the chemical analyst disclose that the blood group of the deceased mr. mohan ohol, Mrs. Ruhi Ohol and Mr. Rohan Ohol was `B' group (Exhibits 341, 342 and 343). The blood group of A-1 is `A', of A-2 is `AB' and of A-3 is `O' (Exhibits 337, 338 and 339). Exhibit 340 contains the report which shows that the semen detected on the pieces of bed sheet is human - of blood groups `A', `AB' as well as `O' in serial Nos. 21 and 22 and that the stains of saliva on the cigarette stubs are of group `A'. Thus, it is demonstrated that saliva on the cigarette stubs was that of A-1 and that semen stains detected on the bed sheets were that of A-1, A-2 and A-3 having regard to their respective blood groups `A', `AB' and `O'. The Gold Flake cigarette stubs are sought to be connected with the Gold Flake packet of cigarettes found on the search of the person of A-1 at the time of his arrest on 28th July, 1992. So also the newspaper `The Sakal' of July 18, 1992 noted in panchnama of the scene of occurrence (Exhibit 28) not containing the first and the last page is sought to be connected with the recovery made at the instance of A-2 where pair of shoes of Rohan was found wrapped in the missing pages (first and the last pages of `The Sakal'). On 6th August, 1992. A-1 made the statement (Exhibit 69) and thereafter led the investigating officer to rooman bungalow here he pointed out a commode in which the articles were thrown. After search, adhesive tape, nylon strip and nylon rope were found in the drainage pipe leading from the commode to the septic tank of the said bungalow. The adhesive tape, some hairs and small ear ring of yellow colour was found stuck with the adhesive tape. The ring recovered is the counterpart of the ear ring (one) mentioned in Exh.28 and was identified by PW-40 as belonging to her mother. The hairs were similar to that of late Mrs. Ruhi Ohol. The tape was containing the superficial layer of the skin which explains the injury Nos. 28 and 29 in the post- mortem report (Exh. 278). The writings found on "A Form. (Article 98) of the Natraj Hotel and on the chit (Article