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appellants did not cross-examine PW-5 about the number of bullets seized, i.e.,
on the third bullet. PW-9 also deposed on similar lines.
121. PW-15 (doctor conducting the post-mortem examination) deposed that on
20.06.2011, PW-33 S.S Kujur brought the dead body of Megha Deshpande with
a cover letter at 11:00 AM; and the post-mortem began at around 11:45 AM.
Post-mortem was conducted along with Dr. Prashant Rajput and Dr. N. Fadse
(both were not examined). On post-mortem of deceased Megha’s body, a bullet
was recovered. The extraction of bullet is described as wound no. 1 and the
bullet was recovered from anterior of cranium. PW-15 deposed that all the
articles were sealed, labelled and handed over to PW-33. The post-mortem
report (Ex. P44) was prepared and taken from MY hospital to the police station
by PW-33, and a seizure memo (Ex. P127) was prepared by PW-34 Mahesh
Prasad Yadav. The seizure report was witnessed by Head Constable
Shambhunath and Constable Ramjan, both of whom were not examined. PW33’s deposition corroborated the facts relating to him and his involvement.
122. Further, PW-15 in his cross-examination stated that the weapon was shot
in contact with the body and that he could not state which weapon caused
injuries to Megha. In cross-examination, PW-33 admitted that no specimen seal
was obtained by him from the doctor and no receipt was given to the doctor
upon receiving the said articles. Further, he stated that on 19.06.2011 he took
the bodies to the hospital by police vehicle after 6:00 PM. He deposed to going
home after locking the mortuary (as it was night time) and leaving the keys in
the hospital. PW-34 Mahesh Prasad Yadav deposed about preparing of seizure
memo (Ex. P127) on 20.06.2011 upon presentation of the articles by PW-33;
and in cross-examination he admitted to not sending a copy of seizure memo to
the hospital, not filling column no. 10 regarding description of the seized items,
the sample seal not being marked, and that he did not mark the number of
articles on the items mentioned in the seizure memo. He further deposed that he
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