(55)
S.C.No.463/2009 (Judgment)
of incident. Regarding this recovery it was argued on behalf of accused Jawed that it
is very difficult to believe that said heap of garbage might be there after 5 to 7 days
of the incident. But since it appeared to be there on the date of recovery, it can be
concluded that it was not lifted by Municipal Corporation, Aurangabad and hence
those clothes were recovered from the said heap of garbage. The said place was
exclusively known to accused Javed and he had hidden those clothes below the
garbage and hence they were not visible to others even though it was by the side of
road on open place. Hence this recovery of clothes at the instance of Javed is
important and material and discloses the involvement of accused Javed in the crime.
93/
It also appears that said clothes of accused Jawed which were recovered
at his instance were sent by P.I.Borse, for chemical analysis. Similarly the blood of
deceased Mansi was also sent for chemical analysis to trace out the blood group. The
C.A.Report at Exh111 categorically discloses that the blood group of deceased
Mansi was “AB”. The C.A.Report at Exh117 produced on record by the
prosecution, categorically discloses that on half T shirt of accused (Exh28) the
Chemical Analyzer had noticed the blood of “AB” blood group which was that of
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