instance of the accused concerned, rather became
never sent to the ballistic expert concerned, for the latter making an effective
opinion thereon. The omission ... recovered .315 bore pistol
along with the live cartridges to the ballistic expert, thus is of critical
importance. Though, the prosecution has examined
making an allusion to paragraph 4, carried in
the report of the ballistic expert, thus with indications thereins, that the holes
of the pant contained ... argue, that therebys the evidentiary vigour of the report of
the ballistic expert Ex. PZ rather becomes shaken. Moreover, the learned
counsel for the appellant
crime event hence taking place at the crime site.
Report of the ballistic expert Ex. PX.
45. The apposite recoveries, as became made through recovery ... memos, were sent in eight sealed cloth parcels to the ballistic expert
concerned. After the ballistic expert making an examination of the items, as
became
firing mechanism thereof was found to be in order, but
the ballistic expert has refrained from making any firm opinion, about the timing
of bullets ... pellets being fired therefrom. The report of the Ballistic Expert is
carried in Ex.PQ. The relevant result is extracted hereinafter.
"RESULT
makes it
forthrightly clear, that the same had been used, but the ballistic expert has
refrained from making any firm opinion, about the timing ... bullets/pellets
being fired therefrom. The report of the Ballistic Expert is carried in Ex.PX. The
relevant result is extracted hereinafter.
"Result
user of
the revolver, owned by the accused.
Report of Ballistic Expert
18. Resultantly, when for reasons stated hereinafter, the report of
the FSL concerned ... ocular witness to
the occurrence, and, when in tandem therewith, the ballistic expert, has made
an opinion about the fired cartridge, becoming fired, from
through Constable Shamsher Singh No.579, and, Constable Baljeet Singh 116.
The Ballistic Expert working at the FSL concerned, after making an examination ... enclosed herewith."
19. The above extracted opinion as made by the Ballistic Expert, on the
incriminatory weapon of offence, and, upon the therefrom fired
concerned. On an examination being made
of the above, the Ballistic expert concerned, has in his report to which
Exhibit PB is assigned, hence made ... fire arm has its individual characteristic marks.
30. The report of the Ballistic expert has a rebuttable
presumption of truth but no evidence to rebut
accused to the police officer concerned. Resultantly,
the report of the ballistic expert is of grave importance, as only, upon, the
ballistic expert opining, that ... deposition of PW-15, yet rather the report of the ballistic expert, thus
making candid echoings, about the recovered fire arm thus, as a matter
further submits that the incriminatory opinion as made by the
Ballistic Expert in respect of user of the seized crime weapon, as made through
recovery ... than to the report of the Ballistic Expert, as, comprised in Ex.PT.
SUBMISSIONS OF THE LEARNED STATE COUNSEL
10. The learned State counsel
