Indisputably, there appears to have been some companyfusion with regard to the identity of the weapon vis vis the number inscribed therein.
If the detailed examination be over, you are requested to give your clear opinion regarding do you find any bullets while firing from the said weapons pertaining to the below mentioned offence.
Indisputably, appellant while in custody in companynection with the said Case No.
On or about 4.9.1993, H.P. Kohri, Police Sub Inspector PSI , Gaekwad Haveli Police Station received information thereabout.
A firearm injury on the forehead above the left eye was found on the person of the deceased.
The weapon characteristic marks rifling marks on Exhs.
A letter of Shri A.S. Prajapati, Scientific Officer, Forensic Science Laboratory addressed to the Deputy Superintendent of Police has been filed, wherein it was stated The following weapons firearms received in the case No.
C of case No.
The opinion thereof has been sent by you vide your No.
38 cartridge and fired from .38 Revolver.
24, Abdulwahab Accused No.1 , Abdulsattar Accused No.25 and Rasulkhan Rasulparti to abduct and to extort money from him.
Inter alia, on the basis of recovery of the said weapon and the report of the Ballistic Export, a judgment of companyviction and sentence was recorded by the learned Sessions Judge, which by reason of the impugned judgment has been affirmed.
13 of 1997 and 14 of 1997 for companymission of offences punishable under Sections 302, 365, 387, 332 read with Section 34, 120B, 201 and 202 of the Indian Penal Code IPC for short and under Sections 21 1 a and 27 of the Arms Act was companyfirmed.
161/93.
FSL EE/94/B1/277 were examined in the laboratory and here with an additional case report regarding the numbers and make of firearms is submitted as per your requirement.
2 and Mohamadsalim Accused No.
It was reported that the deceased, who was dealing in illicit foreign liquor, had some dispute with one Abdulwahab Sheikh Accused No.
60 of 1994.
An identified dead body of a male was found to be lying near Sahakari Cold Storage, just opposite Munda Gate and Telephone Exchange.
He was arrested in companynection with the case in question on 13.7.1994.
Indisputably, appellant was arrested on 31.5.1994 at Mumbai by the Investigating Officer in companynection with another case being Case No.
A First Information Report FIR for short was lodged by the said Police Officer, which was registered as C.R. No.
Indisputably, Shakilahmed Accused No.4 and Aslam Accused No.
In companynection with the aforementioned incident, Kamlesh Dayaram Kamli P.W. 4 was arrested on or about 6.9.1994.
275 S.A. Smith and the same in Abdulvahab A.Date Vessal made, .38 presence of Abdulmajid 08.07.1999 bore and on the hand Panchas Shaikh from grip 630894 has been his house at written 67, Nandan Soc.,
Abdulkadar Accused No.
It has been fired from standard weapon.
Mark I bullet was fired from the Mark A revolver.
The firing was caused in the case of Gaekwad Haveli Police Station I.C.R. No.
60 of 1994 made a companyfession leading to discovery of some weapons.
60 of 1994, the following exhibits were sent for opinion of the Ballistic Expert.
They are companyntry made or foreign made and whether they are dangerous or number?
Allegedly, for keeping a watch over the deceased, Iqbalhussain Accused No.
Exhibit W P.S.I. Shri Accused Mentioned in D.C.B. U.T. Mahmadrafik P. No.64/2000 one Brahmbhatt Abdulrahim revolver foreign Shaikh sic made over which he was SYSTEND ABADIE arrayed as BREVET has been Accused written No.9 has produced the same from his house at A 15, Saytam Society, Shahpur on 03.06.1994 One of the questions which was referred to the Ballistic Expert for his opinion was as under Do the weapons mentioned in Exhibit A to F and Exhibit W are in working companydition?
3 Mohamadsalim informed the appellant and the deceased Sherzada who were in the Maruti Van.
The report was submitted on 5.10.1994.
of Indian Penal Code and the bullets found during the investigation was forwarded to you on 08.09.1993.
Upon stopping the deceased, Accused No.
Appellant and other accused thereafter abducted the deceased and attempted to extort money from him.
His dead body was thereafter thrown near the companyd storage.
17 had also been dealing in liquor business near Madhuram Theatre and the deceased used to visit them in relation thereto and in companynection therewith.
the and from Muddamal whom has been seized Exhibit A P.S.I. Shri As the same Exhibit 282, C.B. M.P. U.T. has been Mark 91/20 No.62/94, One Brahmbhatt, produced by S.C.No.13/98 revolver made in has seized the accused Exh.
A shot was fired at him by the appellant from his revolver as a result of which he died.
During investigation, the dead body was found to be of one Bhagvandas Dwarkadas Sindhi.
60/94, on 03.06.1994 and the same were sent towards you for the examination, which were lying in your office of Forensic Science Laboratory.
In this manner after making companyparison I have arrived on the following opinion.
3 were employed.
8 are said to have provided the appellant Accused No.1 and accused Sherzada since deceased a Maruti Van.
Crime Branch has seized Revolver and Pistol from Abdulvahab Abdulmajid Shaikh in the case of Gaekwad Haveli Police Station C.R. No.
Shahpur Ahmedabad.
2 Iqbalhussain and Accused No.
Indisputably, in the case in question, Shri M.J. Rathod, Ballistic Expert submitted its report on or about 19.10.1993 relevant portion whereof reads as under Exh 1 Is a companyper jacketed bullet.
In companynection with the aforementioned Case No.
By a letter dated 22.2.1996, a clarification was sought for from the Director of Forensic Science Laboratory, stating I have received the investigation of the cases of the said offence from the Deputy Superintendent of Police, A.T.S., Gujarat State, Ahmedabad and I have received opinion in respect of the weapons and fired bullets from your side.
FSL EE/94/BL/277 were found similar, thereby showing that 1 Exhs 1 1A bullets have been fired from Exh A of case No.
The companyt of the same shall companysidered to be 1 lac 50 thousand.
The Investigating Officer, however, while filing charge sheet in companynection with the aforementioned case on 3.1.1995 filed an application in terms of Section 169 of the Code of Criminal Procedure, pursuant whereto he was made a prosecution witness.
Results of Examination Exh 1 Is a fired .38 companyper jacketed bullet having five lands and five grooves with right hand twist.
2A 3A and those on the test fired bullets, test fired from Exhs.
It is also number in dispute that pursuant thereto a few firearms and cartridges were recovered.
A companyspiracy was said to have been hatched by and between Accused No.
Resistance was offered thereto.
FSL EE/93/BL/349, dated 19.10.1993.
Appellant is said to have been in his custody a few days before he was formally arrested.
Exhibit From where How seized Remarks No.
7 and Abdulsattar Accused No.
During post mortem examination, a bullet was taken out from the person of the deceased.
24 since deceased , who had also been carrying on identical business.
14 of 1997 were acquitted.
FSL EE/94/BL/277 this laboratory, were examined and companypared under a companyparison microscope.
1095 of 1999 whereby and whereunder a judgment of companyviction and sentence passed by Additional City Sessions Judge, Ahmedabad in Sessions Case No.
FSL EE/94/BL/277, 2 Exhs 2A 3 Bullets have been fired from Exhs G of Case No.
B. Sinha, J. Appellant is before us aggrieved by and dissatisfied with a judgment and order dated 24.8.2007 passed by a Division Bench of the High Court of Gujarat at Ahmedabad in Criminal Appeal No.
Recovery of weapons in the said case was number accepted by the Court.
FSL EE/94/BL/277.
FSL EE/94/BL/277, were found similar.
Appellant was acquitted in the said case.
The weapon characteristic marks rifling marks of Exhs I 1A and those on the test fired bullets test fired bullets, test fired from Exh A of case No.
