19 facts raised doubts about the chain of custody of Article A-6 (the live cartridge) given the discrepancies in its condition. Further, it is unclear as to what was used for the test firing by the FSL: if the live cartridge was used, it would not be possible since the primer cap had fallen off, making it unusable. The Report (Ex. P120) did not mention the use of another test ammunition for the firing test, whose description should have been provided as part of the report to ensure that the same ammunition is being used. Counsel submitted that the fired cartridges found at the left side and the legs of the deceased were not photographed - as evident from scene of crime report (Ex. P77) and crime scene photos (Ex. P56). PW-9 did not see the bullet in his hand and said that it was small in size. It is not explained how he recalls the caliber (KF 7.65) written on the bullet and fired cartridge. 36. Learned senior counsel submitted that the circumstances relating to lifting of fingerprints, their being forwarded for expert examination, and the report, were not proved beyond reasonable doubt. It is urged that with regards to chance prints found at the place of occurrence, PW-5 Vishal Pandey did not mention signing of the fingerprint slips. Elimination prints were not taken from anyone present at the crime scene. To prove that fingerprints were of the accused, the identity of the specimen prints were not proved since neither the signature of the accused nor their photographs were affixed on Ex. P41, P42, or P43, contrary to what was stated by PW-13 Vijay Singh Chauhan (constable) who mentioned that he took signatures of the accused persons. The specimen prints were not taken before the magistrate on 23.06.2011, and rather on the next day (24.06.2011) at PS MIG. Sending of fingerprints for examination: No witness (PW-13, PW-24, or PW-31) has deposed anything suggesting that prints were sent to the fingerprint branch in a sealed condition. The rule of prudence of taking prints before the magistrate under Section 5 of Identification of Prisoners Act, 1920 was breached. Further, specimen fingerprints of the accused were sent to the fingerprint branch after an unexplained delay of 3 days, i.e., 27.06.2011

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