1339/2016 Page 8/51 ASJ-04/East/KKD Court
Prosecution Evidence :
12. In order to prove its case, the prosecution examined
following witnesses ... Kapoor (deceased) was being dragged by two
persons, who had given him bullet shot. He came outside the
showroom and found Mahesh Kapoor lying
innocent. All the accused persons opted not
to lead any defence evidence.
ARGUMENTS:
47. Ld. Additional PP for State has argued that prosecution
witnesses have ... accused has not matched with the bullets
recovered from the body of the deceased, hence, no scientific
evidence lead on record connects the role
report dated 31st August, 2021 which states that the evidence
bullet was not found identical when compared with the test-fired bullet fired
through
Having perused the evidence of the witnesses PW20
and PW21 i.e., medical evidence regarding nature of injuries and
also the bullet injuries in terms ... prosecution witnesses evidence i.e.,
PW1, PW2, PW6, PW9, PW12 and PW13 and also these witnesses
evidence and direct evidence point
identical when
examined under the comparison
microscope.
The bullet marked Ex. EB1 was
corresponding to the bullet of 7.65 mm
cartridge and had been discharged ... pistol marked Ex. F1 as the
individual characteristics of striations
present evidence bullet marked Ex. EB1 and
test fired bullets marked
State vs (1) Amit Kumar on 30 January, 2023
-1-
IN THE COURT OF MS
gunshot injury and the bullet entered near umbilical region and bullet exits
from right glueteal region. This shows that bullet hit at the stomach ... bullet marked exhibit 'EB1' corresponds to the
bullet of 8mm/.315" cartridge.
(6) The individual characteristics of striation marks
present on evidence
sealed polythene containing
clothes of deceased, one sealed transparent plastic container
containing bullet and one sealed white envelope containing
blood gauze of deceased alongwith sample ... through CIPA operator. He also issued certificate
u/s 65B of Indian Evidence Act Ex.PW12/C. He further
deposed that after registration
Shyam Behari Mishra And Another vs State Of U.P. on 24 March, 2023
Author
evidence of all these witnesses is ignored then their remains
only circumstantial evidence in the form of the call detail record
and forensic reports. Evidence ... occurring on
07.05.2016 because of a bullet wound to his head is not disputed
by the defence as evidence of these witnesses on this aspect
