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34. Turning next to the ballistic reports and the prosecution’s claim that the bullet extracted from Rahul’s foot, and that recovered from Megha’s body were fired from the same weapon, it was argued, that these circumstances were not proved, because of the unreliability with regard to the manner of Rahul’s arrest, doubts about his identity, manner of seizure of the bullet from his foot, its sealing, custody, and production in court. Counsel submitted that the articles were received by the ballistic expert only on 14.07.2011; the ballistics report Ex. P120 is dated 30.07.2011.

54. Heavy reliance was placed on the findings in the ballistic report, wherein each circumstance was proved by the expert evidence. In this regard, counsel relied on Ex. P25, the map of the crime spot prepared by PW-31 IO which found two fired cartridges (at Point 7) and one live bullet (at Point 6). The bullets were seized and recorded at Ex. P27, the seizure memo. The post- mortem report Ex. P44 indicated and forwarded a bullet, recovered from Megha’s body. The recovery of this bullet was also deposed to by PW-15 Dr. P. S. Thakur. The bullet was seized under memo Ex. P127. Likewise, PW-32 had extracted a bullet from Rahul’s foot, in the early hours of 20.06.2011 at MY Hospital. The bullet was deposited under memo Ex. P113, in the hospital’s medico-legal cell. It was later seized under memo Ex. P108 on 23.06.2011. The seizure of a knife and pistol from Rahul’s possession was recorded at Ex. P14. This pistol was examined and test fired: a report, Ex. P120 was given by the ballistic expert, confirming that the spent bullets (the cartridges of which were seized from the crime scene), the live bullet (also seized from the crime scene), the bullet extracted from Rahul’s foot, and the bullet extracted from Megha’s body, were all fired from the same pistol, which was recovered and seized at the behest of Rahul (Ex. P14). Counsel also relied on Ex. P52 the report of the armourer. It was argued further that the seizure, sealing and proper custody of these articles was spoken to by PW-3, PW-5, and PW-19, besides PW-31 IO. There is neither any contradiction nor any gap in their testimonies; further the ballistic report fully support the prosecution version that the bullets recovered were fired from the weapon seized at the behest of Rahul, from his house.

125. The Ballistics Report (Ex. P52) was prepared by PW-16 Bheem Bahadur, Head Constable at DRP Line, Indore. It described the nature of the firearm seized, and cartridges recovered. The Examination Report prepared by the State Forensic Science Laboratory (Ex. 120) stated that on chemical examination of blood found on a piece of bandage (swab of gunshot wound of deceased), it was not found positive for nitrate, copper or lead. However, the report stated that two bullets were compatible to the certified bulled of 7.65 mm calibre cartridge, and Bullet TB-A1 were found similar. Three pieces of skin, found copper positive. Importantly, according to the report, two bullets (EB2 and EB1) recovered from the body of Megha, the deceased, and Rahul’s right foot respectively, were fired from pistol Ex. A1. The report also stated that the bullet fired at the right shoe (seized on 22.06.2011 under seizure memo Ex. P-75, which was proved by PW-20) was caused by a copper jacketed bullet. Ex. P120, which was exhibited by the IO (PW-31), also listed inter alia, several articles such as Article A-5 (containing two fired empty shells of 7.65 mm calibre cartridge which were marked as EC-l & EC-2); Article A-6 (containing live 7.65 mm calibre pistol cartridge which was marked as LR-l); Article A-10 (containing blood-stained Vicks bottle); Article B-5 (containing three small pieces of skin jointly marked SK-l); Article B-6 (containing one piece of bandage cloth with substance thereon); Article F-1 (a country made pistol A-1); Article F-6, (containing one right leg shoe) and Article F-7 (a bullet marked as EB-1). The Ballistics Report, dated 14.07.2011, stated that PW-16 Bhim Bahadur, ballistics expert test fired from the pistol received from the MIG Police in a sealed packet. The ballistic report stated inter alia, that “These are empty shells of used cartridge of 7.65 mm caliber pistol and on whose head stamp ''KF'' is marked. They have mark of firing pin/ breach face. On comparison through microscope both are found alike as well as like test fire cartridge TC-Al. The photo-micrograph has been taken for alike situation of Ex. ECl &TC-Al wherein the points of similarity have been marked.” PW-16 who prepared the report, stated in his deposition that he:

“..had checked operating firing pin, magazine catch and these were found in serviceable condition. fire opened by, this country-made pistol could cause loss of life for the people.”

126. The IO deposed that all seized articles were sent for chemical and ballistic examination on 13.07.2011 by letter Ex. P115, to which the acknowledgement receipt was Ex. P116 to P118. The ballistic expert PW-16 was not cross examined. There is nothing on record that discredits the ballistics examination or conclusions drawn by the expert PW-16, and this circumstance is therefore, proved.