26 In respect of photographs, evidence of PW­3 Baburao rt 18. Cri.Appeals 516, 281 n 468 of 2012.odt C ou Sitaram Batade would be relevant. Baburao Batade (PW­3) was running Paras Photo Studio at Kailashnagar, Aurangabad. On 12th June, 2009 he was called by Police to take photographs of the scene of offence. Accordingly, he took 14 photographs and The ig h handed over the photographs and its bill to Police. photographs are at Exhibits 35/1 to 35/5. PW­3 Baburao has not 19. H been cross­examined by the Accused. Further it can be seen from the evidence of ba y Investigating Officer (PW­32) P.I. Borse that he visited the scene of offence and recorded spot Panchanama in the presence of Panch witnesses. Several articles mentioned in Panchanama Accused have not om (Exhibit 29) were seized from the spot. disputed genuineness of spot Panchanama (Exhibit 29). It shows B that articles in the house were lying scattered. Accused did not cross­examine the Investigating Officer in respect to the factual position of scene of offence clearly indicative of the fact that victim was done to death by the assailants. 20. Before we advert to each of the circumstances enumerated above it would be essential to evaluate the evidence ::: Uploaded on - 08/03/2016 ::: Downloaded on - 13/03/2016 19:36:28 :::

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