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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