STATE Vs. GOPAL ALIAS MANI GOPAL

JUDGEMENT

(1.) THE entire case of the prosecution is to be found in the statement Ex.PW-2/A of HC Ajit Singh PW-2 and the endorsement Ex.PW-22/A made thereunder by SI Sanjay Bhardwaj PW-22. The statement Ex.PW-2/A has formed the basis of the FIR No.98/2003, Ex.PW-1/A. The endorsement Ex.PW-22/A records the recoveries effected at the place where the crime was committed as also the fact that the convict Shree Gopal was apprehended at the spot by HC Ajit Singh PW-2. As recorded in the endorsement Ex.PW-22/A, the rukka was dispatched from LNJP Hospital at 6:15 PM on 28.4.2003; a fact recorded beneath the endorsement Ex.PW-22/A. It may be noted at the outset, that as deposed to by SI Sanjay Bhardwaj PW-22, after recording the statement Ex.PW-2/A of HC Ajit Singh and after effecting recoveries at the spot where the crime was committed, he went to LNJP Hospital, where the injured Neelam and Const.Nand Kishore PW-5 were removed from the place of the crime and after collecting the MLC Ex.PW-14/A of Neelam, which recorded that she was declared dead when brought to the hospital and the MLC Ex.PW-14/B of Const.Nand Kishore, he dispatched the statement Ex.PW-2/A after making an endorsement Ex.PW-22/A through Const. Triloka to the police station for FIR to be registered. It was recorded that the time when the crime was committed was about 3:00 PM and the place where the crime was committed was the gallery between Court No.119 and 122 on the first floor of the Tis Hazari Court Complex.

(2.) THE statement Ex.PW-2/A made by HC Ajit Singh PW-2 and recorded by SI Sanjay Bhardwaj PW-22 reads as under:-

(3.) IT is apparent, that to prove its case, the prosecution had to prove that the appellant was apprehended at the spot and fired bullets at Neelam and HC Nand Kishore and that the weapon of offence was taken possession of from his hand by SI Sanjay Bhardwaj as also that the live ammunition was recovered from his person and that the used cartridges were recovered at the spot. The witnesses to which, were obviously, HC Nand Kishore PW-5 who received a bullet injury on his right thigh and HC Ajit Singh PW-2 who witnessed the incident as also SI Sanjay Bhardwaj PW-22 who effected the recoveries and ASI Baldev Singh PW-8 who witnessed the recoveries. We may also note that HC Ajit Singh PW-2 is also a witness to the recoveries i.e. is a co-signatory along with ASI Baldev Singh to the various recovery memos. Further evidence would be of the ballistic expert to connect the four fired cartridges recovered from the spot where the crime was committed, entry whereof stands recorded in the memo Ex.PW-2/C. We may note that as per the report Ex.PW-21/L, the four fired cartridges recovered from the spot were opined to be fired from the pistol Ex.P-1 recovered from Shree Gopal when he was apprehended at the spot itself.