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16. The bullets recovered from the body, fired cartridge cases, one lead bullet which were recovered from the said flat, the live cartridges and Arminius revolver recovered from the possession of the appellant at Bangalore were sent to the Central Forensic Science Laboratory (“the CFSL”) for examination by a Ballistic Expert. The Ballistic Expert - PW-70 Roop Singh gave Report (Ex. PW-70/A) confirming that the .32 Arminius revolver was a firearm in working condition and had been fired through. He further opined that the five .32 cartridge cases and one lead bullet, which were recovered from the said flat and the two lead bullets which were extracted from the skull and neck of the deceased had been fired from the said .32 Arminius revolver. The piece of plywood seized from the said flat on which a bullet hole was noticed, was also forwarded to the CFSL. The bullet hole was found to have been caused by the aforesaid .32 lead bullet recovered from the said flat. Blood stained articles seized from the Bagia Restaurant and those recovered from the said flat were sent to the CFSL where, on examination, it was found that human blood found on these articles was of ‘B' group, which was the blood group of the deceased.

g) Assuming that the skull produced before the Board was that of the deceased and that two bullets were recovered from the skull, the prosecution has failed to prove that the bullets were fired from the revolver of the appellant. It is the prosecution case that two bullets were put in two separate parcels and both bore the seal of Civil Hospital and, they were handed over to PW-81 IO Niranjan Singh by PW-57 SI Ombir Singh. However, PW-81 IO Niranjan Singh has nowhere stated that he had deposited the two parcels with the seal of Civil Hospital with the Mohrar Malkhana. He has not stated that he had himself sent those two parcels with the seal of the Civil Hospital to the CFSL. PW-67 HC Raj Kumar, who was in-charge of Mohrar Malkhana has stated that no parcel was deposited with him on 12/7/1995, 13/7/1995 and 14/07/1995. It was only on 15/7/1995 that two parcels were deposited but they bore the seal of N.S. Thus, from his evidence, it cannot be concluded that the parcels with the seal of Civil Hospital were ever sent to the CFSL. If these parcels were never sent to the CFSL, it cannot be said that the two bullets which killed the deceased were fired from the revolver of the appellant. Moreover, the two bullets which were allegedly extracted by the Board from the skull have not been identified by anyone.

33. Post-mortem of the dead body was conducted by CW-6 Dr. Sarangi on 5/7/1995. We have reproduced the observations noted by CW-6 Dr. Sarangi in his post-mortem report, hereinabove. That the death was homicidal is established and is not disputed. In this case, the medical evidence assumes great importance. We shall discuss it, in detail, a little later.

34. We shall now go to the search of the said flat. PW-81 IO Niranjan Singh stated that on 3/7/1995 at about 3.00 p.m., he went to the said flat along with A2-Keshav, but it was found locked. On 4/7/1995 at about 11.30 a.m. / 12.00 noon, he reached the said flat. The said flat was under the surveillance of PW-14 Inspector Suraj Prakash. It was forced open under a panchanama. Certain bloodstained articles like cloth pieces, chatai and piece of carpet were seized from the said flat under a panchnama. He found five empty cartridges, a lead bullet, an air pistol and a ply in which there was a hole caused by the bullet. According to him, he did not take possession of these articles because the Ballistic Experts were not present. On 5/7/1995, he visited the said flat along with PW-70 Roop Singh, the Ballistic Expert, and PW-16 Dr. V.N. Sehgal, Director of the CFSL and in their presence five empty cartridges, one lead bullet, an air pistol and a ply having bullet hole were seized and panchnama (Ex-PW-16/A) was drawn. It was signed by PW-16 Dr. V.N. Sehgal and Inspector Ramesh Chander. PW-16 Dr. V.N. Sehgal has confirmed that on 5/7/1995 at about 12.00 noon, on a request made by the police, he visited the said flat along with PW-70 Roop Singh. He stated that he entered the said flat along with PW-70 Roop Singh and PW-81 IO Niranjan Singh. PW-70 Roop Singh collected five empty cartridges, one lead bullet, one piece of ply having a hole in it and one air pistol. He further stated that the seized articles were sealed and the memo was prepared, which is at Ex-PW-16/A. PW-81 IO Niranjan Singh has also spoken about the seizure memo [Ex-PW-16/A] on which he obtained signatures of PW-16 Dr. V.N. Sehgal and Inspector Ramesh Chander. PW-67 HC Raj Kumar, in-charge of Malkhana has deposed about the parcels of the seized articles received by him on 5/7/1995. He stated that on 17/7/1995, SI Rakesh Ahuja took all the parcels to the CFSL. Thus, seizure of five empty cartridges, one lead bullet, a ply with a hole on it from the said flat on 5/7/1995 is proved. It is also proved that the said seized articles were deposited in Malkhana on 5/7/1995 and were sent to the CFSL on 17/7/1995.

38. PW-81 IO Niranjan Singh has stated that on 4/7/1995 at about 9.10 a.m., a wireless message was received by him that Car bearing No.DL-2CA- 1872 was parked at Malcha Marg. He along with the staff reached near Malcha Marg Market. The said car was parked on the road. The CFSL team was called for inspection of the car. Car was then inspected. The dry blood lying in the dicky of the car was scratched, kept in a polythene packet, converted into a parcel and sealed. Many long hair were lifted from the back of the front left seat of the car, kept in a parcel and sealed. A memo being Ex-PW-60/B was prepared which bears this out. The recovery of the appellant’s car is attacked on the ground that no record of wireless message has been produced; no one from P.S. Malcha Marg was examined; no record of P.S. Malcha Marg has been produced; no information was given to the nearest Magistrate and no record showing presence of PW-72 PC Mukesh of P.S. Chanakyapuri was produced. It is also stated that no witness from the CFSL has been examined; no photographs have been produced and no independent witnesses have been examined. In our opinion, it was not necessary to produce the record showing presence of PW-72 PC Mukesh. We find him to be a truthful witness. In his evidence, PW-72 PC Mukesh clearly stated that on 4/7/1995, the said car was found abandoned near Gujarat Bhavan. He also deposed that before leaving the police station for patrolling duty, he was given number of the said car by SHO saying that it was involved in the murder case of P.S. Connaught Place and he should look for the said car. In view of the clear testimony of PW-72 PC Mukesh, it was not necessary to produce other record to support seizure of the car. There is no reason to disbelieve him. PW-81 IO Niranjan Singh has stated that the blood stains found in the dicky were scratched and sample thereof was taken. Therefore, even if no witness from the CFSL has been examined to depose about this or no photographs have been produced, that has no adverse effect on the prosecution case. Some advantage is sought to be drawn from the discrepancies in the time as regards receipt of wireless message from PW-81 IO Niranjan Singh and the estimate of time given by PW- 72 PC Mukesh regarding PW-81 IO Niranjan Singh’s presence at the site and the time given by PW-81 IO Niranjan Singh as to when he reached the said flat after taking samples from the appellant’s car. The estimate of time given by the witnesses differ and may, at times, conflict. When there are telltale circumstances on record clearly supporting the prosecution case, assuming there are some discrepancies in the evidence of witnesses as regards time, it would not make any dent in the prosecution story. The argument that in the dicky there ought to have been a pool of blood, will also have to be rejected. PW-75 Inspector Jagat Singh in his evidence stated that from the spot, a polythene sheet/tarpaulin bearing stains of blood on one side and scratch marks on the lower side was taken in possession under seizure memo [Ex-PW-75/1]. The body must, therefore, have been well covered in polythene sheet to hide it and, hence, there was no pool of blood in the dicky. This also explains why there was no trail of blood on the staircase or on the road. Blood was, however, found in the said flat.