(56)
S.C.No.463/2009 (Judgment)
Mansi. The finding of 'AB' blood group on the T shirt of accused Jawed cannot be
said to be a mere co incident. Unless and until accused Jawed had entered into the
house of Mansi and unless and until he had committed said act of murder of Mansi
with the help of scissor and screw driver, there was no possibility of finding of
Mansi's blood of deceased Mansi on his T shirt. So, the finding of Mansi's blood on
the T shirt of accused Javed is certainly incriminating circumstance against accused
Jawed of which he has offered no explanation at all. So far as this recovery is
concerned, nothing has been brought out from the cross examination of P.I. Shri
Borse so as to disbelieve his evidence. So, I find the evidence of P.I. Shri Borse to be
trustworthy and reliable so far as the recovery of clothes of accused Jawed are
concerned which were on his person at the time of incident.
94/
So far as this recovery of bloodstained T shirt is concerned, again the
ratios in the cases of“Gangadhar Nair v. State of Maharashtra, reported in
2001(2) B.Cr.C 525”,“Kannayya @ Kanna Vishnu Vidhate v. State of
Maharashtra, reported in 2010(1) B.Cr.C, 91” and “Nazar Mohammad s/o
Hayat Mohammad Shaikh v. State of Maharashtra, reported in 2002 (2) B.Cr.C
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