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17. He has proven that the cause of demise of the deceased was hemorrhage and shock owing to ante mortem injuries on the vital organs of the body i.e. lung, and, heart, and, were sufficient to cause death in the ordinary course of nature. The above opinion links the cause of demise of the deceased to the users of the incriminatory weapon of offence on the relevant portion(s) of the deceased's body.

FSL REPORT Ex.PX, AND, Ex.PY

18. Through forwarding memos No.46953 and No.85221, respectively drawn on 31.05.2008, and, on 04.12.08, the investigating officer concerned, sent in sealed cloth parcels, the relevant incriminatory items to the FSL concerned, hence respectively through RC Nos.268, and, RC No.666 rather respectively through Constable Shamsher Singh No.579, and, Constable Baljeet Singh 116. The Ballistic Expert working at the FSL concerned, after making an examination of the relevant incriminatory items as became sent through the apposite road certificate(s), did make thereons the hereinafter extracted opinion.

3. The hole on front upper right side on the shirt contained in parcel No.III has been caused by a bullet projectile.

4. Report in original from Serology division is enclosed herewith."

19. The above extracted opinion as made by the Ballistic Expert, on the incriminatory weapon of offence, and, upon the therefrom fired bullet bearing mark BC/1, does connect co-convict Altaf, with the user of the recovered weapon of offence, recovery whereof, became validly effectuated through memo Ex.PW18/C, rather at the instance of the convict Altaf. Moreover, the hereinabove extracted result, as made by the Ballistic Expert on the relevant incriminatory items, also supports the above credible ocular account, as becomes rendered qua the genesis of the prosecution case, rather consistently by PW-3, and, PW-4. Moreover, the proven declaration as comprised in Ex.P-13/A, that though in the apposite X-ray, a noticeable bullet being within the body of the deceased Parvesh Pandey, but yet the same was not amenable for extraction, does also connect the above bullet to its becoming fired by co-convict Altaf, hence from the recovered weapon of offence, at the instance of convict Altaf. The trite reason for forming the above inference does also become embedded in Ex.PW-5/A. A perusal of Ex.PW-5/A reveals, that from the ashes of the cremated body of the deceased, one bullet lead becoming recovered, and, the same becoming inserted inside a sealed cloth parcel. The sealed cloth parcel, as above 14 of 16 CRA-D-619-DB-2011 (O&M) -15- stated became sent through the apposite road certificate to the FSL concerned, and, thereons an opinion was made, that it became fired from the weapon of offence, as became recovered at the instance of convict Altaf. Resultantly, the above collected lead bullet through memo Ex.PW-5/A, does also most ably connect the same to the valid making(s) of recovery of the apposite weapon of offence at the instance of accused Altaf, and also but obviously relates the same to its user by convict Altaf rather, upon the deceased. The reason for forming the above conclusion ensues from the factum that no cogent evidence has been adduced by the defence to rebut the presumption of truth attached to Ex.PY. SUMMARIZATION OF PRINCIPLES I. Though for a valid identification, in Court, of the accused by the witnesses concerned, especially when the names of the accused are not known to them, does require the prior theretos valid identification of the accused by the witnesses concerned. However, the above rule would become whittled, if, as in the instant case, the accused do not purvey their consent for their participation in the test identification parade. Moreover, the above denial works adversarially to the defence. In addition, then the identification, in Court, of the accused by the witnesses concerned, becomes a valid and able identification.

III.The report of the Ballistic Expert qua the relevant weapon of offence being fired from, and/or, the recovered bullet being fired therefrom, does also become a potent incriminatory link against the accused, unless evidence surges forth to bely the presumption of truth attached to the report of the Ballistic Expert. FINAL ORDER

20. In consequence, the impugned verdict of conviction, and, also the consequent therewith order of sentence, as becomes respectively recorded, and, imposed, upon the convicts by the learned trial Judge concerned, does not suffer from any gross perversity, or absurdity of any gross mis-appreciation, and, non- appreciation of the evidence on record. In consequence, there is no merit in the appeal, and, the same is dismissed. If the accused are on bail, thereupon the sentence(s), as imposed upon them, be ensured to be forthwith executed by the learned trial Judge concerned, through his forthwith drawing committal warrants qua them. Case property, if any, be dealt with in accordance with law, but only after the expiry of the period of limitation for the filing of an appeal.