New Delhi: Suspected Indian Mujahideen operative Shahzad Ahmad, facing trial in the 2008 Batla House encounter case, on Friday claimed before a court here that Delhi police Inspector M C Sharma was not killed by bullet from his gun in the flat in which the alleged shootout had taken place.
He submitted the ballistic reports clearly show that the bullet in Sharma`s body matches with the firearms seized from the spot as he had fled from the place with his gun.
"The ballistic report shows that the bullet found in M C Sharma (deceased) body matched with the gun seized from the spot and not from the weapon Shahzad was allegedly carrying.
"The accused in confessional statement before the police had also said that he fled from the spot along with his gun," his counsel Satish Tamta told Additional Sessions Judge Rajender Kumar Shastri.
The counsel refuted the police claim that the accused had called his father on the day of the encounter from the mobile phone of Mohd Atif, one of the occupants of the flat.
He further argued that it does not establish that he had called his father from the flat. "No location has been traced by the police," the counsel said.
The counsel also rejected police claim that Shahzad had jumped off the balcony and fled after firing at the police team in which Sharma was killed during the September 19 Batla House encounter here.
The final arguments on behalf of the counsel for Shahzad, will continue tomorrow. The prosecution had already completed its submission on July 2.
Shahzad is said to be one of the occupants of the flat in Jamia Nagar where the encounter took place on September 19, 2008 between officers of the Special Cell of Delhi Police and the alleged IM terrorists said to be involved in the September 13, 2008 serial blasts here.
According to the charge sheet, Mohd Saif was also present in the flat. The police team is said to have reached the flat during its probe in 2008 Delhi serial blasts where a series of explosions at Karol Bagh, Connaught Place, Greater Kailash and India Gate left 26 dead and 133 injured.