4
these charges Manoj was charged under section 25(1-B) (B) of Arms Act, 1959
and Rahul @ Govind was charged under S. 25(1-B) (B) and 27 of Arms Act. All
the appellants abjured their guilt and claimed trial. The prosecution examined
36 witnesses and produced certain documents (Ex. P1-P129) in support of their
case. After recording the evidence of prosecution, the appellants’ statements
were recorded under Section 313 Criminal Procedure Code (CrPC). The
appellants examined a total of 6 defence witnesses and produced certain
documents (Ex. D1-D50) in support of their case.
Trial Court’s findings
7.
As the entire case was based on circumstantial evidence, upon
appreciation of the material evidence adduced by the prosecution, the trial court
concluded that the accused persons were present at the scene of occurrence on
19.06.2011 at about 5:00-5:15 PM and that evidence of experts who lifted the
fingerprints of the accused (from the house) along with the testimonies of PW-1,
PW-2, PW-5, PW-9 and PW-31 proved that they had entered into the house.
Upon recovery of the knife and firearm which caused the death, it was
established by way of chemical, DNA as well as ballistic examination that those
articles were used and that during the sequence of the incident, blood of the
deceased persons was found on the clothes of the accused persons. The trial
court further concluded that the footprints at the crime scene were similar to
those of the shoes recovered from the accused persons, and the gun shot injury
caused by the bullet which hit the foot of Rahul @ Govind as well as the bullet
which hit the body of the deceased, were fired from the same weapon, which
was recovered from his possession. It was held that this left no doubt in
establishing the guilt of Rahul and Manoj, and during the whole incident The
evidence also proved Neha’s presence at that time. The trial court held that this
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