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two bullets were compatible to the certified bulled of 7.65 mm calibre cartridge,
and Bullet TB-A1 were found similar. Three pieces of skin, found copper
positive. Importantly, according to the report, two bullets (EB2 and EB1)
recovered from the body of Megha, the deceased, and Rahul’s right foot
respectively, were fired from pistol Ex. A1. The report also stated that the bullet
fired at the right shoe (seized on 22.06.2011 under seizure memo Ex. P-75,
which was proved by PW-20) was caused by a copper jacketed bullet. Ex. P120,
which was exhibited by the IO (PW-31), also listed inter alia, several articles
such as Article A-5 (containing two fired empty shells of 7.65 mm calibre
cartridge which were marked as EC-l & EC-2); Article A-6 (containing live 7.65
mm calibre pistol cartridge which was marked as LR-l); Article A-10
(containing blood-stained Vicks bottle); Article B-5 (containing three small
pieces of skin jointly marked SK-l); Article B-6 (containing one piece of
bandage cloth with substance thereon); Article F-1 (a country made pistol A-1);
Article F-6, (containing one right leg shoe) and Article F-7 (a bullet marked as
EB-1). The Ballistics Report, dated 14.07.2011, stated that PW-16 Bhim
Bahadur, ballistics expert test fired from the pistol received from the MIG
Police in a sealed packet. The ballistic report stated inter alia, that
“These are empty shells of used cartridge of 7.65 mm caliber pistol and on whose
head stamp ''KF'' is marked. They have mark of firing pin/ breach face. On
comparison through microscope both are found alike as well as like test fire
cartridge TC-Al. The photo-micrograph has been taken for alike situation of Ex.
ECl &TC-Al wherein the points of similarity have been marked.”
PW-16 who prepared the report, stated in his deposition that he:
“..had checked operating firing pin, magazine catch and these were found in
serviceable condition. fire opened by, this country-made pistol could cause loss of
life for the people.”
126. The IO deposed that all seized articles were sent for chemical and
ballistic examination on 13.07.2011 by letter Ex. P115, to which the
acknowledgement receipt was Ex. P116 to P118. The ballistic expert PW-16
was not cross examined. There is nothing on record that discredits the ballistics
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