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AMIT SHARMA J.

                                            TABLE OF CONTENTS
                                         PARTICULARS                                     PAGE
                                                                                       NUMBER



          Submissions of behalf of the Appellant/Ariz Khan                                  16
          Ocular Testimony of Eye-Witnesses is Not Reliable                                 17

          Deployment of police officers around the building                                 18
          Improbability of escape amidst constant firing                                    19
          No evidence that the appellant was an occupant of or was visiting the             20
          flat
          Ballistic evidence does not support the eye-witness account                       20
          No evidence that the appellant was known by the alias „Junaid‟                    22




             CRL. A. 9/2022 and DEATH SENTENCE REF. 1/2022

Signing Date:12.10.2023
17:10:01


          Discrepancies in seized clothes of the injured witness and deceased       23
          person
          Recovery of Articles Allegedly Belonging to the Appellant                 23


          Submissions of behalf of the Respondent/State                             26
          Ocular Testimony of the Eye-Witnesses, Including the Injured Eye-         28
          Witness

          Recovery of articles belonging to the appellant                           31


          Refusal to participate in Test Identification Parade                      33

          Corroboration of ocular testimony of eye-witnesses through ballistic      34
          examination report
          Corroboration of ocular testimony of eye-witnesses through medical        35
          examination report
          Judgments Relied Upon by Learned Special Counsel for the State            37
          Rejoinder on behalf of the Appellant/Ariz Khan                            40



             CRL. A. 9/2022 and DEATH SENTENCE REF. 1/2022

Signing Date:12.10.2023
17:10:01

          Recovery of Articles Belonging to the Appellant                              56





          Discrepancies in Seizure Memos and Biological Examination Report             80



          Submissions of behalf of the Appellant/Ariz Khan                             87




          Introduction

i. Ocular testimony of eye-witnesses, including an injured eye-witness -

corroborated by scientific evidence (ballistic and medical). ii. Recovery of articles belonging to the appellant from the flat, immediately after the shootout at the instance of Mohd. Saif, who was present in the flat at the time of incident but was not made an accused in the present case. iii. CDR of the mobile number 9811004309, allegedly belonging to deceased Mohd. Atif Amin @ Basir, and in particular, the call alleged to have been made by the appellant using the said mobile number on 18.09.2008 at 17:42:56 hours, which did not mature but the appellant was heard talking in the background.

e) Abscondence of the appellant CRL. A. 9/2022 and DEATH SENTENCE REF. 1/2022 Signing Date:12.10.2023 17:10:01

f) Corroboration of the ocular testimony of eye-witnesses through ballistic examination report.

g) Corroboration of the ocular testimony of eye-witnesses through the medical examination reports.

Ocular testimony of the eye-witness, including the injured eye-witness

CRL. A. 9/2022 and DEATH SENTENCE REF. 1/2022 Signing Date:12.10.2023 17:10:01 Atif Amin @ Basir and Mohd. Sajid which corroborates the eye witness testimony to the effect that weapons had been used by the aforesaid individuals. Corroboration of the ocular testimony of eye-witnesses through the medical examination reports -

12.7. The post-mortem report of late Inspector Mohan Chand Sharma (Ex. PW- 19/C) concluded that his cause of death was haemorrhagic shock due to a firearm injury. Injury no.1 was an entry wound on his left shoulder, injury no.2 was the exit wound; injury no.4 was the entry wound on left hypochondriac region, of which injury no.6 was the exit wound. It is the case of the prosecution that subsequent opinion dated 27.04.2010 on his post-mortem (Ex. PW-27/D) confirmed that the tears on his clothes (parcel no. 22) corresponded with the injuries described in the post-mortem report. In reply to questionnaire (Ex. PW- 27/B), it was further confirmed that the injuries sustained by Insp. Mohan Chand Sharma could have been caused due to passage of bullets fired from 9 mm pistol/.30 bore pistol/7.62 mm assault rifles and thus could have been caused by any of the exhibited weapons. It was further concluded that none of the entry wounds mentioned in the post-mortem report were caused by ricochet of a firearm projectile. Learned Special Counsel further stated that another reply received to a questionnaire (Ex. PW-27/C) stated that all entry wounds were located on the front side of Insp. Mohan Chand Sharma's body and therefore, there was no possibility of any accidental firing by a police officer. Learned Special Counsel argued that the aforestated medical evidence with respect to Insp. Mohan Chand Sharma corroborates the ocular testimonies of eye witnesses with regard to the incident. 12.8. The MLC of HC Balwant (Ex. PW-19/E) shows that he was admitted to the CRL. A. 9/2022 and DEATH SENTENCE REF. 1/2022 Signing Date:12.10.2023 17:10:01 hospital at 11:49 AM. The injuries mentioned in his MLC show one entry wound at his right forearm and one exit wound. The nature of the injury was described as grievous. It is the case of the prosecution that subsequent opinion dated 27.04.2010 on his MLC (Ex. PW-27/D) confirmed that the tears on his clothes (parcel no. 23 and 24) corresponded with the injuries described in the MLC. The post-mortem report of Mohd. Atif Ameen @ Basir (Ex. PW-19/A) concluded that is cause of death was haemorrhagic shock due to multiple firearm injuries, as described therein. In the reply to questionnaire (Ex. PW-27/B) it was answered that the firearm injuries could have been caused due to passage of bullets fired from the exhibited weapons and none of the wounds were suggestive of being caused by ricochet of firearm projectile. The learned Special Counsel argued that the Fire Arm Examination Report (Ex. PW-36/B) confirmed presence of gunshot residue on the right hand of Mohd. Atif Ameen @ Basir and thus corroborated the ocular testimony of eye witnesses that he was firing at the police party. The post-mortem report of Mohd. Sajid (Ex. PW 19/B) concluded that his cause of death was cranio- cerebral damage caused due to gunshot wound to the head. In the reply to questionnaire (Ex. PW-27/B) it was answered that the firearm injuries could have been caused due to passage of bullets fired from the exhibited weapons and none of the entry wounds were suggestive of being caused by ricochet of firearm projectile. It was further answered that one injury no. 6 could have been caused by re-entry of firearm projectile (injury no. 1). The learned Special Counsel argued that the Fire Arm Examination Report (PW-36/B) confirmed presence of gunshot residue on the right hand of Mohd. Atif Ameen @ Basir and thus corroborated the ocular testimony of eye witnesses that he was firing at the police party.