Written By: Ms. Sheenal Sharma, NIMS University Jaipur 

• Introduction 

The killing of 14-year-old Aarushi Talwar in Noida, India, was the most sensational and controversial criminal case in the nation. The tragic murder was soon transformed into a tangled web of accusations, faulty investigations, and dubious forensic results. This is an example of how delicate and important the forensic handling can be—and how its misuse can affect justice.

• Details of the Case

Aarushi Talwar was found murdered in her bed in her parents' Noida apartment, a satellite town of Delhi, on May 16, 2008, in the morning. Her throat was cut with surgical finesse, and she had a severe head injury as well. Hemraj, the 45-year-old Nepalese domestic help of the family, was the initial suspect and was missing from home. This situation was, however, ruined the next day when the body of Hemraj was discovered on the locked roof top of the Talwar house, with similar injuries.

The initial police investigation was criticized as incompetent. Incriminating forensic material was not found; family members and journalists who entered the house before it was sealed-off compromised the crime scene. Bloodstains, fingerprints, and other physical evidence were overlooked or photographed inadequately.

The absence of forced entry led to a hypothesis that it was an insider job. The parents,

Dr. Rajesh and Dr. Nupur Talwar, were also soon in the spotlight. The police began

making allegations that it was an "honour killing," which while speculated, was factually not supported.

In the midst of media scrutiny and public uproar, the case was seized by the Central Bureau of Investigation (CBI). But the seizure did little to quiet the investigation. Over the course of several years, two CBI teams investigated the case, each proposing entirely conflicting theories. One suspected a group of servants, and the other suspected the Talwar couple themselves.

• Investigation Carried Out

To begin with, the Noida police got the major stages of the probe incorrect. The crime scene was not preserved, and key evidence was lost or tampered with. The inability to find Hemraj's body on the first day, given that it was on the terrace of the same building, reflected the degree of negligence.

When the case was transferred to the CBI, the case proceeded in two directions. The first set of people arrested Krishna, a compounder in Rajesh Talwar's dental clinic, and two other domestic staff members, Rajkumar and Vijay Mandal. Suspects were put through narco-analysis and polygraph tests, which pointed towards a probable group attack. The results of these tests were not admissible evidence in court and lacked corroborative physical evidence.

Subsequently, a second CBI team ruled out the servant theory and targeted the parents, speculating the murders were committed in a fit of rage after Dr. Rajesh Talwar supposedly caught Aarushi and Hemraj in an intimate act. This theory was largely circumstantial and based on opportunity and motive, but no direct forensic evidence implicated the Talwars.

• Forensic aspects of the case

The use of forensic science in the Aarushi-Hemraj case was extensive but inherently flawed. Forensic experts were called upon to visit the scene, analyze DNA tests, and determine the cause and timing of death. Since the crime scene had already been compromised at the onset, the accuracy of the majority of the findings was doubtful.

The autopsy of the two victims showed deep slashes characteristic of sharp-edge weapons. The weapons themselves, however, were never identified with certainty. The scalpel or khukri (curved blade) was one possibility, while others suspected a golf club was employed to inflict head damage. All these were speculative since no weapons were found with corresponding blood or DNA.

DNA evidence proved Hemraj's DNA was present on bloodspots in Aarushi's room.

This complicated the story further and suggested he had slept in Aarushi's room 

before being murdered or that he was somehow involved and was murdered. No foreign DNA samples or fingerprints were ever found, and lack of break-in into the house was used to build a circumstantial case against the Talwars.

Narco-analysis and polygraph tests of the in-situ staff indicated possible knowledge of the crime, but these were inadmissible in court and lacked forensic evidence. Moreover, important evidence such as the pillow cover stained with Hemraj's blood on another servant's bed was not tested or explained clearly in the latter half of the trial.

• How Forensic played a role in Solving of the Case

In theory, forensic science would have been the cornerstone of a double murder case. In the Aarushi case, however, forensic examination was undermined by poor control of the primary crime scene and contradictory interpretations of evidence. Nonetheless, forensic input did affect the narrative developed by the prosecution.

The absence of outsider DNA, the theory of single weapon use, and identical bloodstains were all utilized in the case for a killer in the house being the only one capable of committing the murders. None of these theories was backed by tangible physical evidence in the form of identical weapons or direct DNA on the suspect.

Rather than solving the case, the forensic testing illustrated the inadequacies of India's forensic systems and how assumptions can be dangerously overblown when scientific data is incomplete or misleading.

• Trial and Punishment

In 2011, the CBI had filed a closure report stating that there was nothing to prosecute anyone on, but the trial court rejected it and the Talwars were directed to stand trial. They were convicted and sentenced to life imprisonment in 2013. The conviction was largely on circumstantial evidence and prosecution assumptions, such as inference of character and lack of outside intervention.

The sentence was reversed by Allahabad High Court in 2017, stating that the evidence was not sufficient enough to give a guilty verdict. The courts condemned the investigation as incoherent and said that there was no evidence beyond a reasonable doubt.

•      Conclusion

The Aarushi Talwar case underlines the importance of meticulous forensic examination and unbiased investigation in criminal cases. It is a reminder of how things can take a wrong turn when scientific procedures are manipulated and public opinion takes the back seat over evidence-based logic. Aarushi and Hemraj's tragedy was compounded by a judicial system that seemed to let them down at each step.

Although the case remains technically open, it keeps on arousing controversy over the condition of forensic science in India and the need for legal reforms aimed at avoiding such miscarriages of justice in the future.

•      References

1.  CBI Court Judgement, Ghaziabad (2013)

2.  Allahabad High Court Judgement, 2017

3.  NDTV Archives: Timeline of Aarushi Talwar Case

4.  India Today (2017): Mishandling Investigation Analysis

5.  Bar & Bench Legal Review: Talwar Couple v. State of U.P. 

6.  Tehelka Magazine, Special Report on Aarushi Case 

7.  The Wire (2017): Media's Role in the Aarushi Case

 Sheelu Gupta ( Student ambassador at AFRS)

M.Sc. Forensic science GGV

Introduction :

On 26 March 1972, Mathura way raped  by two policemen Tukaram and Ganpat in police station of Desaiganj  in Gadchiroli Maharashtra

Mathura lived with his brother Gama  who works as labour and Mathura was a house help in Nunshi’s home where she get in contact with Nunshi’s sister son Ashok and came in relationship. One day Mathura was about to go with Ashok, Gama noticed them .

On 26 March 1972, filed a complaint that Ashok and his relatives was about to kidnap Mathura, in the police of Desaiganj. The complainant was recorded by Head constable Baburao and Ashok and Mathura’s statement was also recorded. Gama was asked to bring his sister birth certificate and other relatives asked to wait outside. After leaving them Mathura was taken to restroom and molested and raped by Tukaram and Ganpat then after she was asked to go outside near a tea stall and raped again however Mathura ran away from them to save her and explain the incident to her relatives. Thereafter a complaint and digital punchanama was filed.

Mathura was led to hospital to medical examination. The examination was done by Dr Shastrakar at 8pm. In the medical examination findings was no sign of struggle or any injury mark , the hymen revealed old rupture and the age of Mathura was estimated as 14-16 year old

Forensic Aspects : Forensic Biology – After the examination it was opined that semen trace collected from victim’s cloth and semen collected from accused were matched

Forensic Toxicology : Toxicological analysis turns positive result for alcohol examination in the blood which confirmed alcohol intoxication of the accused.

Trail and Punishment:

Session court:   Session court came to conclusion that due to insufficient evidence and according to medical report court concluded that Mathura was habituated to sexual intercourse and she had sexual intercourse in police station but not rape. It was also found that Tukaram had intercourse with Mathura but Ganpat only molested her and due to alcohol intoxication in fainted .

High court: Being not satisfied with session court Gama filled a appeal to Bombay High court .In High court it was concluded that the sexual course was done forcefully and mounted to rape .It was also concluded that her submission to be due to fear and it can not be considered as consent.

Supreme court: Supreme court found accused as not guilty as there were no evidence of rape any sign of physical abuse. It was also argued that why she did not raised any alarm during the incident. Supreme court said that High court wrongly inferred her submission to be due to fear which can not be considered as consent.

Judgment: After so many protest by women organization , child and women care organisations, debate, arguments discussion and protest against the concept of consent in the judgment “Consent involve submission, but the converse is not necessarily true, from the fact of the case , all that is established is submission, and not consent, is the taboo against pre marital sex so strong as to provide a license to Indian Police to rape young girl.”

The verdict of court was 5year imprisonment to Tukaram and 1year imprisonment to Ganpat . Further they were suspended from police service.

Amendment in Laws :

Section 376 of Indian Penal Code which is related to punishment for rape underwent significant amendment with the introduction of section 376(A), 376(B),376(C),and 376(D). This additions specifically addressed custodial rape making it punishment under the law .

The amendment marked crucial shift by transferring the burden of proof to accused once sexual intercourse was established , a major departure from previous practic. It was also introduced that essential procedural reforms such as in camera trails , prohibition on disclosing the victim’s identity and enhance sentencing provision.

Conclusion: Mathura rape case, was a landmark judgment that sparked significant changes in India's rape laws. Although the Supreme Court acquitted the accused due to lack of evidence, the case led to  Widespread social outcry and protests, Legal reforms, including amendments to the Indian Penal Code,  Introduction of custodial rape as a punishable offense, Changes to the Evidence Act, shifting the burden of proof in certain cases .These reforms aimed to strengthen victim rights and improve justice delivery in rape cases. The case remains a significant milestone in India's legal history, highlighting the importance of continued efforts to protect women's rights and ensure justice.

Reference:

·        https://indiankanoon.org/search/?formInput=citedby%3A%20114584494&pagenum=4

·        https://mphc.gov.in/PDF/web_pdf/JJC/UPLOADED/Tukaram%20&%20Anr.%20Vs.%20State%20of%20Maharashtra_%20The%20case%20whose%20aftermath%20introduced%20misandry%20in%20IPC.pdf

·        https://indiankanoon.org/docfragment/114584494/?big=3&formInput=intercourse%20sexual

·        https://testbook.com/landmark-judgements/tukaram-vs-state-of-maharashtra

TANISHKA KUMAWAT

AFRS AMBASSADOR

BSC FORENSIC SCIENCE

PARUL UNIVERSITY

Introduction about the Case

The Nithari case, one of the most disturbing criminal cases in India’s history, refers to a series of gruesome murders that came to light in 2006 in the village of Nithari, Noida. It involved the brutal killing of at least 19 children and women whose skeletal remains were found near the residence of businessman Moninder Singh Pandher and his domestic help Surinder Koli. This case not only shocked the conscience of the nation but also revealed deep flaws in the law enforcement system. Forensic science played a key role in identifying the victims and collecting evidence that led to the convictions.

Details of the Case

The events unfolded when families of missing children from Nithari began demanding answers from the police. Between 2005 and 2006, several children from the area had disappeared mysteriously. Following pressure, the police began searching around house D5 in Sector 31, Noida, and on December 29, 2006, they discovered human skulls and skeletal remains in the nearby drain. The house belonged to Moninder Singh Pandher, who lived there with his servant Surinder Koli. The investigation revealed that Koli lured children into the house, murdered them, and dismembered their bodies, sometimes indulging in cannibalistic acts. The remains were disposed of in the drain behind the house.

Investigation Carried Out

Initially, the Noida police were criticized for ignoring the missing child complaints. After the discovery of skeletal remains, the case was transferred to the Central Bureau of Investigation (CBI). Forensic experts from the Central Forensic Science Laboratory (CFSL) and AIIMS were brought in. DNA samples were collected from the remains and matched with the parents of the missing children. Surinder Koli confessed during custodial interrogation, leading to the recovery of more remains. The investigation included mapping the timeline of disappearances, cross-verifying missing reports, and retrieving digital and physical evidence from the house. Detailed postmortem examinations and bone analyses were conducted to determine cause and method of death.

Forensic Aspects of the Case

This case heavily relied on forensic science for both identification of victims and establishing the criminal actions. DNA profiling was essential in matching the skeletal remains to the missing children. The bodies had decomposed significantly, making traditional identification impossible. Bone and dental analysis were used to estimate age and confirm identities. The CFSL team also examined the crime scene to gather physical evidence such as blood stains, hair strands, and tool marks on bones. Forensic odontology played a minor but supportive role, and the decomposition analysis helped determine the timeline of the murders.

How Forensic Played a Role in Solving the Case

Forensics was central to the Nithari investigation. With no eyewitnesses and decomposed bodies, investigators turned to DNA testing as the only way to confirm the identities of the victims. Mitochondrial DNA extracted from bone marrow was used in many cases due to the extent of degradation. The patterns of injury on the bones revealed the violent nature of the killings. Forensics also helped establish the number of victims, as body parts were recovered in pieces. Without scientific methods, conviction would have been extremely difficult, given the lack of direct evidence or witnesses.

Trial and Punishment

Both Moninder Singh Pandher and Surinder Koli were arrested. While Pandher maintained his innocence, Koli confessed to multiple murders. However, many legal experts debated the authenticity of his confession. Over the years, multiple charges were filed against the duo. Koli was found guilty in several of them and sentenced to death. Pandher was acquitted in some cases but later convicted in others. As of the last update, Surinder Koli remains on death row. The slow judicial process and repeated appeals have kept the case in public discourse for over a decade. The Nithari case has exposed not only the horrors of criminal psychology but also the loopholes in the Indian criminal justice system.

Conclusion

The Nithari serial killings case is a grim reminder of how vulnerable communities can fall prey to heinous crimes, and how systemic negligence can worsen the tragedy. However, it also reflects the power of forensic science in solving complex and emotionally charged cases. The meticulous work by forensic experts brought closure to grieving families and played a critical role in delivering justice. The case has since become a key example for forensic and criminal law students, reinforcing the importance of timely action, scientific investigation, and legal integrity.

Reference

1. CBI Official Reports On Nithari Case

2. Times of India Archives – “Nithari Killings : Timelines and Trial”

3. India Today – ‘How Forensic Help Crack The Nithari Horror’

4. The Hindu – ‘Nithari Case: Court Sentences Koli to Death’

5. Forensic Science in Criminal Investigation and Trials – B.R. Sharma

Written by: Ms. Sayed Roohy, Volunteer-AFRS

Case Background

The series began on August 20, 2013, when Dr. Narendra Dabholkar, a renowned anti-superstition crusader, was shot dead during his morning walk in Pune. Dabholkar had long campaigned for the Maharashtra Anti-Superstition and Black Magic Act, making him a target for extremist groups opposed to rationalist ideologies.

Eighteen months later, on February 16, 2015, Govind Pansare, a veteran CPI leader and social activist, was attacked near his home in Kolhapur along with his wife. While she survived the ambush, Pansare succumbed to his injuries five days later. Like Dabholkar, Pansare had publicly condemned religious extremism and promoted secular thought.

Just six months later, on August 30, 2015, Professor M. M. Kalburgi, a Kannada scholar and vocal critic of idol worship and dogma, was assassinated at point-blank range outside his residence in Dharwad, Karnataka. All three victims were known for their outspoken views challenging blind faith, superstition, and communalism.

The Link Between the Murders

The modus operandi in all three cases was strikingly similar: the victims were attacked in the morning, in or around their homes, by assailants on motorcycles using country-made pistols. The killers left no digital footprints, and there were no immediate claims of responsibility. However, investigators from different states began collaborating after media and public pressure, eventually realizing that the weapon signatures, firing styles, and cartridges recovered bore uncanny resemblance.

It was the bullets and casings left behind that spoke the loudest. The seemingly silent projectiles became the storytellers of a hidden conspiracy when analyzed under the scrutiny of forensic scientists.

Forensic Ballistics Investigation

The forensic ballistics investigation played a pivotal role in connecting the murders of Dr. Narendra Dabholkar, Govind Pansare, and Prof. M. M. Kalburgi. At each crime scene, crime scene teams meticulously recovered bullets and spent cartridge casings that would later become the most vital forensic evidence. The pattern of attacks suggested the use of country-made 7.65 mm pistols, although the firearms themselves were not initially recovered. The breakdown of ballistic evidence included:

·         Two spent casings recovered from Dabholkar’s murder site in Pune.

·         Five spent casings found at the scene of Pansare’s attack in Kolhapur.

·         Two spent casings retrieved after Kalburgi was assassinated in Dharwad.

Experts from state forensic labs in Gujarat, Karnataka, and Maharashtra carried out comparative ballistic analysis using comparison microscopy, a technique that examines the microscopic striation marks on bullets and cartridge cases. These striations, created by the unique internal surface of the firearm barrel and firing mechanism, serve as a ballistic fingerprint. Forensic specialists used dual-view microscopes to match rifling grooves and firing pin impressions. The breakthrough in the analysis established that:

·         The same pistol was used In both the Kalburgi and Pansare murders.

·         A second, structurally similar pistol was used in the Dabholkar and Pansare cases.

These microscopic markings on metal were considered definitive, confirming that at least two country-made pistols had been shared or circulated between perpetrators, thereby linking the three murders through hard physical evidence.

In December 2015, the Maharashtra CID officially confirmed that the three rationalists had been killed using 7.65 mm country-made pistols. This conclusion was reinforced by independent technical confirmations from the forensic science labs in Gujarat and Karnataka, which further validated the ballistic consistency across cases. The forensic evidence was so strong that it not only connected the three initial murders but later, in 2017, the murder of journalist Gauri Lankesh was also linked through ballistic comparison to the same network—indicating a larger conspiracy behind the ideological killings.

Accused and Victims

The investigation led to the arrest of several suspects allegedly affiliated with the radical Hindutva groups Sanatan Sanstha and Hindu Janajagruti Samiti. One key accused, Sharad Kalaskar, confessed during interrogation that he had dismantled and disposed of four country-made pistols—believed to have been used in the murders—into Vasai Creek in Maharashtra.

The victims—Narendra Dabholkar, Govind Pansare, and M. M. Kalburgi—were not just intellectuals but symbols of free speech and secular thought in India. Their deaths were not only tragic but were deliberate acts aimed at silencing dissent in democratic discourse.

Conclusion

As of mid-2025, multiple arrests have been made in connection with the rationalist murders, but no convictions have yet been secured based solely on ballistic evidence, and court proceedings remain ongoing. While forensic ballistics provided critical breakthroughs by linking the murders through microscopic striation patterns on bullets and cartridge casings, the absence of the actual weapons—many of which were dismantled and disposed of—continues to hinder conclusive jury determinations. Nevertheless, the case stands as a powerful testament to the value of forensic ballistics. The recovered bullets and casings served as silent witnesses, carrying the crucial clues that connected four high-profile ideological murders across state lines. Through advanced forensic comparison, investigators uncovered coordinated patterns of extremist violence, even in the absence of eyewitnesses or confessions. These findings have not only driven the investigation forward but have also influenced broader policy reforms concerning firearm tracking, standardization of forensic protocols, and improved inter-agency cooperation—affirming the indispensable role of forensic science in the pursuit of justice

ü 

A Accused Name: Chhaakki Lal and Akhilesh

ü Victim Name:  Phoolwati, Rinku Singh, Ganeshi Bai, and Ganga Singh 

§  Date of Incident: 2006

§  Submission of forensic report: 2009

§  Trial Court Conviction: 2012 (Life imprisonment under Section 302 IPC)

§  High Court Acquittal: 2016 (Madhya Pradesh HC)

§  Supreme Court Judgment: 26 September 2018 (Restored conviction)

ü Appeals Timeline

·        2012–2016: The Accused appealed to the Madhya Pradesh High Court against the Trial Court’s conviction.

·        2016–2018: The State of MP appealed to the Supreme Court against the HC’s acquittal.

·        Final Judgment: 26 September 2018 (SC verdict).

ü Supreme Court of India – Criminal Appeal No. 1061 of 2018

ü Decided on: 26 September 2018

ü Judges: Supreme Court of India Chief Justice R. BANUMATHI, VINEET SARAN, JJ.

ABSTRACT

The state of historical sites like Khajuraho and Sanchi, its rich wildlife and national parks like Kanha and Bandhavgarh, and its status as the "Tiger State of India". The state is also known for its significant mineral resources, particularly diamonds and copper. I am talking about the heart of India, Madhya Pradesh. A state of grace and beauty became ashamed on 20.02.2006. The day when humanity lost its presence. Our hearts experienced the rarest of rare cases. Let's look at what happened exactly in that case.

INTRODUCTION

This case involves a criminal appeal concerning the murder of four individuals, including a child, in a daylight incident. The trial court initially convicted and sentenced the accused to death under Section 302 of the Indian Penal Code. However, the High Court reversed this verdict, acquitting the accused due to doubts about the reliability of the sole eyewitness testimony. The Supreme Court re-examined the case, ultimately restoring the conviction and modifying the sentence.

CASE FACTS 

The prosecution's case is that on a specific day, the accused persons fired upon the victims, resulting in their deaths. The incident was witnessed by Kesar Bai, the mother-in-law of one of the victims, who provided a detailed account of the events, including the firing and the subsequent death of the four victims. The accused were arrested and recovered weapons, which were examined and linked to the firing. The trial court found the evidence credible, leading to the conviction and death sentence. The High Court, however, doubted the reliability of the eyewitness account, citing contradictions and omissions, and acquitted the accused.

CASE BACKGROUND

The incident occurred in broad daylight, with the victims heading towards the fields. The accused, armed with firearms, allegedly fired at Ganga Singh and Ganeshi Bai, and subsequently at Phoolwati and her grandson Rinku, causing their deaths. The worst part was Chhaakki Lal had thrown Rinku on the ground. Chhaakki Lal also fired at Rinku. Chhaakki Lal climbed over Rinku and jumped, due to which, his intestines came out. The investigation included recording a complaint, recovery of weapons, and ballistic examinations linking the weapons to the firing. The trial court’s conviction was based primarily on the eyewitness testimony supported by forensic evidence. The High Court reversed this, citing inconsistencies in the witness’s statements and questioning the credibility of her account, leading to the acquittal.

SECTIONS INVOLVED

The case involves several legal provisions, notably: 

1. Indian Penal Code (IPC) Sections-

• Section 302 (Murder)
• The main charge against Chhaakkilal is for intentionally killing Rameshwar.
• The Trial Court convicted him under this section (life imprisonment), which the Supreme Court later restored.
• Section 201 (Causing Disappearance of Evidence)
• Though not explicitly mentioned in the judgment, this could apply if the accused tried to hide/destroy the firearm (but the prosecution did not press it strongly).

2. Indian Evidence Act (IEA) Sections-

• Section 45 (Opinion of Experts – Ballistics Report)
• The FSL (Forensic Science Laboratory) report matching the cartridge to the recovered pistol was admitted under this section.
• The Supreme Court held that delays in FSL reports do not invalidate expert opinions if the evidence is reliable.
• Section 27 (Recovery of Weapon Based on Accused’s Statement)
• The country-made pistol was recovered based on Chhaakkilal’s disclosure statement.
• This recovery was crucial in linking him to the crime.
• Section 73 (Comparison of Ballistic Evidence)
• The court relied on the FSL’s ballistic analysis to confirm that the cartridge was fired from the seized weapon.

3. Code of Criminal Procedure (CrPC) Sections-

• Section 154 (FIR Registration)
• The case began with an FIR under Section 302 IPC.
• Section 164 (Recording Confessional Statements)
• If the accused gave any confessional statements, they would be recorded under this section (though not a major factor in this case).
• Section 293 (FSL Report as Evidence)
• The forensic report was submitted under this section, and the court upheld its validity despite delays.
• Section 313 (Examination of Accused)
• The accused was given a chance to explain incriminating evidence during the trial.
• Section 374 (Appeal Against Conviction)
• Chhaakkilal appealed to the High Court, which acquitted him, but the Supreme Court reversed the acquittal under this appellate provision.

4. Arms Act, 1959-

• Section 25(1)(a) (Possession of Illegal Firearm)
• Since a country-made pistol was used, this section could apply, but the focus remained on murder (Section 302 IPC).

MEDICO-LEGAL REPORT

1.     Cause of Death:

o    Gunshot injury (as confirmed by the postmortem report).

o    The bullet entry/exit wounds and trajectory were consistent with a close-range firearm injury.

2.     Recovery of Bullet:

o    The bullet was extracted from the deceased’s body and sent for ballistic examination.

o    The FSL report matched it to the country-made pistol recovered from the accused.

3.     Other Injuries:

o    No signs of struggle or additional wounds (ruled out alternative theories like physical assault).

4.     Time of Death:

o    Estimated based on rigor mortis and other biological markers, aligning with eyewitness accounts.

ROLE OF FORENSIC BALLISTICS

       I.            The role of forensic ballistics in this case was crucial in establishing the involvement of the accused and linking them to the crime.

    II.            The ballistic experts examined the weapons recovered from the accused—specifically a country-made pistol and a 12-bore gun—and determined that the fired cartridges (kartoos) found at the crime scene matched the weapons seized during the investigation.

 III.            The ballistic reports confirmed that the cartridges had been fired from the pistol recovered from the accused Chhaakki Lal, and the live cartridges could have been fired from the 12-bore gun recovered from the accused Akhilesh.

IV.            This forensic evidence provided a scientific link between the weapons and the firing at the victims, thereby supporting the prosecution's case that the accused used these weapons during the commission of the murders.

   V.            The ballistic evidence, in conjunction with the eyewitness testimony and other investigation details, played a significant role in establishing the guilt of the accused and corroborating their involvement in the crime.

Why High Court Rejected Ballistic Evidence

Ballistic Examination (FSL Report)

• The Forensic Science Laboratory (FSL), Madhya Pradesh, examined:
• Recovered firearm (country-made pistol).
• Fired cartridge case from the crime scene.
• The cartridge was fired from the recovered pistol, establishing a direct link between the accused and the murder.

v It was further contended that the delay in sending the weapons for examination to the Forensic Science Laboratory on 19.04.2006, which were recovered on 01.03.2006, was a mistake/omission on the part of B.L. Dhanele, Investigating Officer, and the benefit of such omission cannot be given to the accused.

v Delay in FSL report submission (taken 3 years).

v No test-firing was done to confirm the functionality of the weapon.

v Minor discrepancies in witness statements regarding weapon recovery.

JUDGMENT

The Supreme Court reviewed the evidence, including the credibility of the sole eyewitness, the forensic reports, and the investigation process. It found that the trial court had the opportunity to observe the demeanour of witnesses and rightly believed their credibility.

The Court noted that minor discrepancies in the eyewitness account, which could occur due to grief and trauma, did not undermine the overall reliability of her testimony.

It emphasized that the quality of evidence is more important than quantity and that conviction could be based on a solitary, trustworthy witness supported by forensic evidence.

The Court also considered procedural lapses, such as delays in sending weapons for examination, but determined these did not significantly affect the case’s credibility.

Supreme Court’s View on Ballistics

• Reversed the acquittal, holding that:
• FSL report (u/s 45, Indian Evidence Act) is admissible even if delayed.
• Non-test-firing does not invalidate the ballistic report if the weapon was seized properly.
• Eyewitness + Ballistics = Strong evidence unless disproved.

 Ultimately, the Court restored the conviction and sentenced the accused to life imprisonment, considering the gravity of the crime and the passage of time.

CONCLUSION

The Supreme Court concluded that the High Court had erred in disbelieving the eyewitness testimony solely based on minor inconsistencies. The evidence as a whole was found to be credible and trustworthy, warranting the reinstatement of the conviction. The sentence was modified from death to life imprisonment, reflecting the seriousness of the offense but also the principles of justice and proportionality. The order of acquittal by the High Court was set aside, and the judgment of the trial court was restored accordingly.

KEY TAKEAWAYS

1.     Ballistic reports are crucial in firearm-related homicides.

2.     Delayed FSL reports are still admissible if the evidence is credible.

3.     Non-test-firing is not fatal to prosecution if recovery is properly documented.

4.     Chain of custody must be maintained for forensic evidence to hold weight.

5.     This case reinforces the importance of forensic ballistics in criminal trials and warns against technical hyper-technical acquittals.