Document Fragment View

Matching Fragments

19. The second point that has caused doubt in our minds with regard to the conviction of the appellants is borne out by the two FSL reports. The first report is dated 21.08.2003 and is by Nazir Ahmad, PG Diploma in Forensic Ballistics. The said report reads as under:-
"FSL Report 1st:-
"OFFICE OF THE J&K FORENSIC SCIENCE LABORATORY SRINAGAR.
REPORT NO: FSL/702-Bal/Sgr.
DATED: 21.08.2003 REPORT BY:- NAZIR AHMAD, P.G. DIPLOMA IN FORENSIC BALLISTICS.
The Dy. Superintendent of Police, Hqrs. Anantnag.
SUBJECT:- CASE FIR NO. 280/2003, U/S 364,420 RPC 7/25 A.AC P/S ANANTNAG.
SC. ASSTT.
FSL. SRINAGAR"
Cr. Appeal No. 08/2013, Cr. Ref. No. 03/2013 & B.A. Nos. 83/2015 & 19/2013 Page 14 of 19

20. On going through the result of the said report, it is evident that there is a Hole H1 on the jeans worn by the deceased which apparently has been caused due to a projectile hit. The Holes H1 and H2 on the torn half sleeved shirt are also said to have been caused due to projectile hits and Holes marked H8 and H9 on the torn under shirt have also been caused due to projectile hits. Thus, if the holes in the half sleeved shirt and the under shirt correspond it appears that there were two projectile hits on the upper body of the deceased and one projectile hit in the lower body as the same was found on the jeans worn by the deceased. These results of the ballistic expert submitted by the FSL completely contradict the medical certificate given by the doctor of there being four bullet injuries (one in the back and three in the chest of the deceased). The ballistic report also indicates that the projectiles were fired from a distance. It has not been indicated as to what may have been the weapon of offence and that is also a material fact inasmuch as, according to PW-3, the one of the appellants was armed with a pistol, which incidentally was never recovered.

1. PACKED MARKED (A) BY YOU:- on opening was found to contain the following items:-
(i) One jeans pant allegedly stained with blood and was marked as Exhibit No. K-91/2003 in the laboratory by me. The exhibit is having one small hole allegedly the bullet hole and the said exhibit was further forwarded to Scientific Officer, Ballistics for further examination.