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deceased were not collected and tested. The blood collected on cotton swabs
found next to the dead bodies at the crime scene were used as reference
samples, which is unreliable. Lastly, counsel urged that no laboratory records
were submitted – PW-35 mentioned that in the observation sheet details of the
samples received and the testing were noted. This sheet was not submitted with
the laboratory report. Also, electropherograms 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’s foot, and that recovered from Megha’s body were
fired from the same weapon, it was argued, that these circumstances were not
proved, because of the unreliability with regard to the manner of Rahul’s arrest,
doubts about his identity, manner of seizure of the bullet from his foot, its
sealing, custody, and production in court. Counsel submitted that the articles
were received by the ballistic expert only on 14.07.2011; the ballistics report
Ex. P120 is dated 30.07.2011.
35.
Doubts were expressed about seals on the items seized from the crime
scene, which included the fired cartridges. According to the counsel their
consequent matching with the test fire cartridge was unreliable. It was urged
that the presence of copper during the chemical analysis of the shoe is
unreliable since the shoe was seized at Annapurna PS and the witness Abhay
Tiwari was not examined. Further, the live cartridge’s primer cap (seized from
the place of occurrence) had fallen during examination by PW-16 Bheem
Bahadur who was from the Arms Branch and had sealed the cartridge. He,
however, did not say that he had reloaded it. During the ballistics examination
however, it was found that Article A-6 contained a live 7.65 mm caliber pistol
cartridge which was marked LR1 (in Ex. P120). The description of LR1 states
that it is a reloaded live cartridge. The seals of the arms branch on the live bullet
were intact when they were sent to the FSL on 13.07.2011 (Ex. P115). These
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