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“In what cases, the examination of ballistic expert is essential for the proof of the prosecution case, must depend upon the facts and circumstances of each case,” a bench of Justices P P Naolekar and D K Jain court said.
The apex court, however, reduced the life sentence of convict Vineet Kumar Chauhan to five years on the ground that the murder committed by him fell under the category of Section 304 Part II (culpable homicide not amounting to murder) and not 302 IPC(murder) as held by the Allahabad High Court.
The bench said the prosecution was able to prove the guilt of Chauhan by producing “unimpeachable” occular, medical and other circumstantial evidence, hence the absence of a report by the ballistic expert cannot prove fatal to the prosecution’s case.
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