6
On appeal by the State before the High Court, the
High Court maintained the conviction of the appellant
under the various provisions of the IPC, as stated
above, however, in respect of the offence punishable
under Section 302 IPC it modified the sentence to
death.
The conviction is sustained on the basis of
recovery of the cell phone though from A-2, who had
deposed that it is the appellant who had given him
the cell phone which belonged to the deceased in lieu
of the amount which was due from the appellant and
payable
to
A-2.
There
is
a
recovery
of
ring
and
clothes as well on the disclosure statement made by
the appellant.
Mr.
Trideep
Pais,
learned
counsel
for
the
appellant, strived to argue that all these recoveries
cannot be believed and he sought to point out certain
loopholes therein. It is not necessary to go into all
these aspects. We find that, apart from the aforesaid
recoveries, the samples of blood and semen of the
appellant
Science
were taken
Laboratory,
and sent
Mumbai,
to Central
along
with
Forensic
samples
of
blood and semen which were recovered from the place
of
the
incident.
The
DNA
report
conclusively
concluded that these samples matched 100%, namely,
the blood and the semen which were collected from the
place
of
the
incident
is
that
of
the
appellant.
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