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Surender @ Babli vs State(Gnct)Of Delhi on 28 July, 2011

In Surender @ Babli v. State (GNCT of Delhi) Crl. Appeal No.1547/2010 decided by Supreme Court on 28­07­2011, the facts were that the fired bullet recovered from dead body matched with the revolver recovered at the instance of the accused. Hon'ble High Court of Delhi had acquitted the two accused who were not identified by the complainant but had convicted the accused on whose instance revolver was recovered. The Supreme Court reversed the finding of the High Court on the ground that bullet State v.Surender etc. 182/09 31 of32 was recovered from body on 08­02­2001, revolver was recovered at the instance of accused on 28­02­2001 but the bullet and revolver were sent to FSL on 03­04­2001 i.e. after elapse of one month and three days. Another defect in the cited case was that there was contradiction about preparation of seizure memo of the pistol. Two prosecution witnesses had stated that it was written by a person X and some other PWs had stated it was written by Y. In the case in hand the defect was pointed out by FSL and as per PW5, that defect was in seal. So the cited case is fully applicable on the facts of the present case. Hence prosecution has failed to prove its case even against accused Surender and Ashwani.
Supreme Court of India Cites 6 - Cited by 18 - Full Document
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