when he went first
to the police station as is evident from the evidence of PW-21.
It is further submitted that even ... there. In
his evidence, there is omission insofar as that part of his
evidence which states, "I told police that bullet brushed
Kumar submitted that the medical evidence did not
altogether make the ocular evidence improbable. He argued that the ocular
evidence of different witnesses categorically states ... lying injured on the ground but the medical evidence establishes
that the bullets were fired when the deceased was in the standing position
were examined.
4. The learned Additional Sessions Judge after considering
the evidence of the parties acquitted all the other accused persons
from all charges ... struck any
person. On the contrary a bullet may be fired from a pistol. If
medical evidence was not corroborative to the ocular evidence
then
other evidence, as deposed by PW6 Gulab Singh
(complainant) and PW8 Rajinder (injured) is fully supported and
corroborated by medical evidence. The arguments of learned ... Sharma that it is by pellet, we find
no evidence regarding the same. The bullet was removed from the
body of the injured
with their
assistance have gone through the evidence on record minutely and carefully.
From the evidence on record, we find that there is nothing ... been duly
supported and corroborated by medical evidence. Further, PW-8 Dr. D.L.
Bansal has recovered bullet Ex.P.6 from the body
only one of them was able to hit Raja Ram with a
bullet because of which Raja Ram died. PW-3 has similarly described ... that the injuries were sufficient
to normally cause death. Thus, the medical evidence supports the
eyewitness accounts
given evidence stating that he had seen the
accused along with Das going towards the house of Madhu. They
were going in a bullet. They
occurrence, which was the potato field.
16. When we go through the evidence of the
investigating officer where he has described the first place ... their evidence appear to be convincing and trustworthy, non sending
of blood stained earth for serological test or non sending of the
regular bullet/ projectile
witnesses to the occurrence.
4. I should begin with the evidence of P.W. 8 who
examined Md. Miraj. The doctor has found lacerated wound ... submits that it would not be possible by a rifle as no bullets
were found, the wound of entry is not circular which would indicate
door was not broken, they fired the shot
at the door and bullets from the ventilation of the home due to which
Chandra Bose ... suffered fire injuries. In this incident, Mohd. Shafi also got
injured. His evidence is totally corroborated by Shishu Pal (PW.3)
and Bani Singh
