death, it was
established by way of chemical, DNA as well as ballistic examination that those
articles were used and that during the sequence ... were not submitted with the
laboratory reports.
34. Turning next to the ballistic reports and the prosecution’s claim that the
bullet extracted from Rahul
submission on behalf of the accused that
as per the ballistic report the bullet found does not match with
the firearm/gun recovered and therefore ... under :
C.2 Failure to recover the weapon and examine a ballistic
expert
17. The deceased had sustained a gun-shot injury with a point
shot injury was caused to the
deceased.
(iv) That, absence of ballistic expert's report to prove the factum
of use of the seized ... respectively, the same were not sent
for obtaining report of Ballistic expert, in absence of which it
could not be said that the empty/missed
Court, which is liable to be set aside.
9
iii) that, no ballistic expert report has been placed on record
to establish that the four ... submission made by learned counsel for the appellant that
in absence of ballistic report, prosecution has failed to prove
18
that the bullets taken
Court, which is liable to be set aside.
9
iii) that, no ballistic expert report has been placed on record
to establish that the four ... submission made by learned counsel for the appellant that
in absence of ballistic report, prosecution has failed to prove
18
that the bullets taken
report, submitted that the prosecution did
not examine the Ballistic Expert and therefore, in
absence of examination of such an expert, the report ... this Court to the report of FSL as well
as of Ballistic Expert and submitted that both the
Page 15 of 40
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Scientific Officer of Forensic Science
Laboratory, Lucknow, who has conducted the ballistic
examination of the firearm and material object sent to him.
4. In addition ... presents a different version of the case. He further would submit
that ballistic report is negative or at best, it can be said
under reference were stated to be of different
6
bore by the ballistic expert. In his report, the expert
has reported that the bullets were ... injuries which could have been
caused by fire arm and that the ballistic report is not
totally ruling out the case of the prosecution
soil, The seized firearm and the empty cartridges were sent for
3
ballistic examination vide ballistic report Ex.P39. It has been reported
that ... reliable witness. Further,
the reliance of the trial Court on the ballistic report Ex.P-39 is not an
evidence against the appellant without seizure
eyewitnesses.
C.2 Failure to recover the weapon and examine
a ballistic expert
17. The deceased had sustained a gun-shot injury
with a point ... send the recovered empty
[sic] and the seized pistol to the ballistic
expert for examination and expert opinion.
Comparison could have provided link
evidence between
