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This story is from October 4, 2006
HC lessons for cops on proof
'In a pistol you cannot use a long bullet if it's made to shoot just a short bullet,' Justice Sodhi said.
Hinting at manipulation in the forensic laboratory's report, Gupta read out the two reports which were given by a Delhi-based forensic laboratory and ballistic experts in Jaipur.
Both reports had stated that without the weapon it wasn't possible to conclude whether the two empty cartridges were fired from the same weapon or not.
This is where the judges took over. "Which weapon was it, a gun or a pistol?" they asked. Gupta replied that the accused owned a pistol made in Italy and it was a Beretta. When the judges asked where the weapon was, Gupta said: "He says everything was taken away by the police when they raided his house in Chandigarh."
Justice Sodhi later asked whether the cartridge recovered was of a long or a short bullet. Gupta claimed it was a short one.
"A short bullet can be fired from a specific weapon," the judges observed and later asked for the make of the bullets. Gupta said they were CCI bullets and made in America.
Justice Sodhi wondered whether small bullets were manufactured in America since they were not available so easily.
"Manchester makes it, so does Zurich," he murmured and told Gupta that he would like to see the bullets. "We shall produce it before my Lords and also show how the documents had been manipulated," she said.
The judges later asked whether Manu Sharma had ever lodged a missing report regarding his weapon. Gupta replied in the negative.
They later told the police: "His weapon must be the one that can be used to shoot only the short cartridge. You have narrowed down on a short cartridge which a particular weapon can fire."
"In a gun you have a two-and-a-half-inch barrel and if you try to use a long bullet, the gun will be able to shoot it but it will shake.
It's, therefore, advisable not to use it. However, in a pistol you cannot use a long bullet if it's made to shoot just a short bullet," Justice Sodhi said. Gupta said the police would return with fresh evidence.
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