Indian Penal Code, 1860, Section 302, 34 -- Murder - Evidence adduced by prosecution suffered from material discrepancies and whole story put up lacked credence - Although alleged weapon of offence, licensed firearm belonging to co-accused was recovered, no endeavour appears to have been made to subject the same to expert ballistic examination in order to establish whether..........
Indian Penal Code, 1860, Section 302, Arms Act, 1959, Section 25 -- Murder - Fire arm shot - Report of ballistic expert - Where evidence of eye witnesses is contradictory to prosecution case, conviction cannot be made solely on basis of report of ballistic expert pertaining to recovery of weapon from accused or as regards its use, in the absence of any other substantive..........
Indian Penal Code, 1860, Section 302, 34, Arms Act, 1959, Section 25(1B)(a), 27(1), Evidence Act, 1872, Section 32 -- Murder - Dying declaration - Once dying declaration made by deceased is proved, the fact that ballistic expert could not give a definite opinion on the question of whether cartridge recovered from the body of deceased was fired by revolver recovered at the..........
Indian Penal Code, 1860, Section 301, 302, 307 -- Murder - When there is direct eye witness account which is found to be credible, omission to obtain ballistic report and non-examination of ballistic expert may not be fatal to prosecution case - However, if evidence tendered including that of eyewitnesses do not inspire confidence or suffer from glaring inconsistencies..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Fire arm injury - Circumstantial evidence - Empty cartridges found at the spot were not fired from rifle issued to accused as per ballistic expert report - This is indicative of presence of some other rifle also - Prosecution evidence is silent as to whose rifle it was - Moreover, if accused were to use their rifle to..........
Indian Penal Code, 1860, Section 302 -- Murder - Recovered empty cartridge not fired from gun, which is said to be recovered at the pointing out of accused - Report of ballistic expert is not in favour of prosecution - It cannot be said that fire was triggered by accused to do away with deceased - Several material contradictions found in the evidence of alleged eye..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Gun shot injury - Failure to produce a report by a ballistic expert who can testify to fatal injuries being caused by a particular weapon is not sufficient to impeach credible evidence of direct eye witnesses...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 307, 506, 34, Arms Act, 1959, Section 25, 54, 59 -- Bail - Murder - Plea of false implication and import of evidence of ballistic expert has to be debated during the course of trial - Petitioner a young man of 24 years is in custody from last 5 years with delay in his trial not attributed to..........
Evidence Act, 1872, Section 45 -- Expert opinion - Ballistic report - The time of last firing could not be given scientifically...........
Indian Penal Code, 1860, Section 302 -- Murder of four persons - Testimony of sole eye witness - Evidence of sole eye witness is corroborated by medical evidence and evidence of ballistic expert - Delay in registration of FIR is properly explained - Recovery of weapon of offence proved on record - Slight variation in description of katta recovered from accused does not..........
