tell as to what was the bore of the bullet. Next important piece of evidence presented by the prosecution was report ... instance of the accused appellant, therefore the said evidence was sufficient piece of evidence to hold that the same pistol was used by the appellant
charge framed against
the accused, it is quite evident that overt act
of firing bullet from the pistol at PW 6-
Chandrakant ... However, the evidence on record fully establishes
that, by firing a bullet at the left knee of PW-7
Suryakant, accused no.1 Devraj voluntarily
temple region of the deceased. Due to
combined effect of two bullet injuries, he died. Subsequently, all the accused along
with the deceased ... scooter. All the accused pleaded not guilty and claimed trial.
EVIDENCE
7. In order to discharge the onus, the prosecution has examined 52 witnesses.
PUBLIC
condition to make dying declaration, which is evident from the
MLC Ex. PW6/A, in which he was found unfit for statement ... Evidence Act. Regarding the
ballistic report Ex. PW15/A, he has argued that though the bullet
recovered from the body of the deceased
proved as Ex.PW3/B. The certificate u /s
65B Evidence Act is Ex.PW3/C. He handed over the copy ... hours at the time of post
mortem examination. Two bullets, clothes, blood in gauze
piece, five x-ray films and viscera were preserved, sealed
with
individual characteristic of striations present on evidence
bullet marked Ex.EB1 and on test fired bullets marked TB1 and TB2 were
found identical when ... MEDICAL EVIDENCE AND FORENSIC EVIDENCE
35. PW-12 proved that surgery of PW-3 was conducted and thereupon, one
metallic foreign body (bullet) was removed
halt
and the lights of the truck were switched off. The evidence of PWs 1 to 4
and 11 speak clearly about the bringing down ... with the bodies of Mohd. Yasin
and Ashraf.
54. Apart from the evidence of PW-1 himself, the other injured persons
have also spoken about
handwriting as it forms inherent evidence of
the greatest value. While searching for a
bullet, it must be borne in mind that it could
take ... bullets fired from .12 bore gun.
When this documentary evidence is corroborated with ocular
evidence, then applying the ratio of law laid down
found that the said patient Rajia
Bibi sustained bullet injury.
The evidence of P.W. 15, Dr. Nirmal Kr. Saha, shows that on
19th June ... could not create any doubt in her evidence. Analysis of the evidence
of P.W.8 & P.W.9 clearly shows that they were
heard only two bullet shots. When as per the physical
evidence, three cartridges/bullets were found, if falsifies occular
evidence. This ambiguity is not explained ... bullet are found in the
chest of the deceased. Thus, they are the part of the bullet when
the bullet is fired and deformed after
