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proceedings conducted in respect of the stolen articles was validly proved by the
prosecution. The report of the ballistic expert PW-16, has been held to have
established that the seized bullets (from the crime scene), matched with the test
fired bullet from the pistol seized from Rahul's house at his behest. The
recovery of a right shoe with a bullet hole on 22.06.2011, likewise was proved
by the prosecution. The other circumstance which the prosecution relied upon in
this context, pointing to Rahul's involvement was his treatment by PW-32.
Rahul had late in the evening of 19.06.2011, reported to PS Annapurna, that he
was shot on the right foot, by some unknown assailants which was recorded by
PW-29, who also identified him in the court. PW-29 further deposed that Rahul
first went to a District hospital and was treated by PW-26, who then referred
him to MY hospital. Later in the early hours of 20.06.2011 Rahul was operated
upon by PW-32 who extracted the bullet, sealed it and kept it with the MLC
cell. This bullet was seized by the police and sent to the ballistic expert (PW-24)
who in his report supported the prosecution's version that the bullet was fired
from the same weapon which had discharged the bullet that was extracted from
the deceased Megha’s body.
155. This court has disbelieved the prosecution allegation with respect to the
circumstances surrounding Neha's arrest, principally because of the evidence of
DW-1. It is quite clear that DW-1 Deepika Shinde was involved to an extent
during the initial stages of the investigation and according to the police records,
was responsible for the breakthrough which led among others, to her out-of-turn
promotion, swiftly. This court has also disbelieved the story of the prosecution
with respect to the recoveries alleged to have been made on 23.06.2011, mainly
on the ground that when according to the official version the accused were
nabbed and had made the disclosure statements the previous day, nothing
prevented the police from recording the entirety of it and proceeding to recover
articles which were supposedly hidden in open spaces. Further, the court has not
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