Nanavati, J. - (1.) The appellant has been convicted by the Court of Additional Judge, Designated Court-II, Delhi in Sessions Case No. 78 of 1997, for the offence punishable under S. 307, IPC, S. 5 of the TADA Act and S. 27 of the Arms Act. For the offence punishable under S. 307, IPC, he has been sentenced to suffer rigorous imprisonment for 10 years and to pay a fine of Rs. 5,000/-. For the offence punishable under S. 5 of the TADA Act, he has been sentenced to suffer rigorous imprisonment for 5 years and to pay a fine of Rs. 1,000/- and in respect of his conviction under S. 27 of Arms Act, he has been sentenced to suffer imprisonment for 3 years and to pay a fine of Rs. 1,000/-. He has, therefore, filed this appeal challenging his conviction and also the sentence imposed upon him. As the appellant has not engaged any Advocate, Shri T. N. Singh, learned counsel has been appointed as Amicus Curiae to assist the Court.
(2.) The learned counsel for the appellant, relying upon the evidence of the eye-witnesses submitted that neither the injured has supported the prosecution case nor any other independent witness has proved that the appellant had fired the shot which injured Ram Karan, and that he had 'Desi Katta' with him when he was apprehended by the police. The evidence of P.W. 2-Jamna Das, discloses that he along with other police officers was on patrolling duty during the night between 10-4-1991 and 11-4-1991 and while at about 7.30 a.m. they were standing at a place near village Ditchaon they had seen two persons running. One was chasing the other. The person chasing was having a country made pistol in his hand. He fired a shot from his pistol and it had hit the person who was running ahead. Head Constable Chandra Bhan and Joginder Singh, chased the person who had fired a shot, overtook him and apprehended him. From his pocket two more cartridges were also recovered. As the person who was chasing, was first knocked down by their vehicle, he had also received some injuries. Therefore, along with the other injured he was also taken to the hospital. He further explained that they had come across the accused and the injured by chance and as the incident had taken place outside the village, it was not possible to associate any independent person to witness the search and seizure. We do not find any material on record on the basis of which it can be said that independent witness was available near the place of incident. Therefore, on the ground that no independent witness has been examined by the prosecution, the evidence of the police officers cannot be discarded when it is found to be reliable. Head Constables Jamna Das and Chandra Bhan have fully supported the prosecution case and even ASI Om Prakash who was required to be cross-examined has stated that he had seen two persons running and at that time had heard a shot having been fired. He has also stated that he had seen the accused running away thereafter with 'Desi Katta' in his hand. The accused was immediately taken to the hospital along with the injured and that stands proved by the other prosecution evidence.
(3.) We have no reason to doubt the evidence of Head Constable Jamna Das and Head Constable Chandra Bhan. It is true that injured Ram Karan has not supported the prosecution case but that is explained by the fact that the accused happened to be his uncle's son. The prosecution has thus satisfactorily established that the appellant-Ram Kumar had a Desi Katta with him, he fired a shot and injured Ram Karan. The circumstances under which the injury was caused clearly indicates the intention of the appellant and, therefore, we are of the view that the High Court has rightly convicted him for the offence punishable under S. 307, IPC. As the pistol was found in possession of Ram Kumar for which he did not possess any licence, his conviction under S. 5 of the TADA Act also deserves to be confirmed. So also his conviction under the Arms Act.;