Two empty cartridge cases were found at the place of occurrence the third was found in the shawl when the last ritual bath was given to the body of Gandhiji.
The companyviction was challenged in Punjab High Court in Appeal, High Court vide judgment dated 21.06.1949 upheld the companyviction for five of the accused persons and acquitted two of the accused persons.
Accused Nathuram Godse and Narayan Apte were given death sentence, four of the accused were given life sentence and remaining one was given a sentence of seven years of Imprisonment.
9 accused were tried for the companyspiracy and murder of Gandhiji.
The death report mentions three bullet wounds One injury on the right side of the chest near nipple.
Taneja showed that Gandhiji had suffered bullet injuries from three bullets only.
It further revealed that The weapon of assault was semi automatic Berreta Pistol with a magazine that companyld carry seven cartridges at a time.
After trial the judgment was delivered by Learned Special Judge, Delhi on 10.02.1949 companyvicting seven accused and acquitting one.
No fourth spent bullet or empty cartridge was found at the place of occurrence.
Mahatma Gandhi was assassinated on 30.1.1948 about 70 years ago.
Each one of the eye witnesses described how Godse moved forward and shot Gandhiji.
Thus, only two spent bullet were found at the place of occurrence.
Another submission made by the petitioner is that this Court should review the Kapur Commission findings.
There were six eye witnesses PW 31 Amar Nath , PW 32 Nandlal Mehta , PW 34 Ratan Singh , PW 37 Dharam Singh , PW 76 Raghunath Naik , PW 82 Sardar Gurbachan Singh .
Each one of them mentions that three shots were fired by the sole assailant Nathuram Godse.
The pistol was recovered with four live cartridges by PW 31.
The FIR registered at 5.45 pm mentions firing of three shots.
One injury below the chest on the right side.
All the evidence reveals that three shots entered the body.
There were two exit wounds, one bullet did number exit the body.
The inquest report prepared by Lt.
One injury on the right side of the abdomen.
The meeting itself was attended by innumerable people.
G.V. Ketkar, grandson of Lokmanya Balgangadhar Tilak, made a statement that he had knowledge about the companyspiracy to assassinate Mahatma Gandhi prior to the incident.
A.BOBDE L.NAGESWARA RAO, JJ.
The report submitted by Learned Amicus Curiae Shri Amrendra Sharan, Senior Advocate companytains a detailed reference to all the relevant evidence in this regard.
No one from either side i.e. the prosecution or defence suggested that four bullets were fired or that there was a second assailant.
This raised a political storm and the Kapur Commission was set up inter alia to inquire into the companyspiracy to assassinate Mahatma Gandhi.
