BENCH: M.K. Mukherjee, S.P. Kurdukar
FACTS:
- Siri Narain was running a hotel in the name and style of "Sangam Hotel" at Dharuhera. His two sons, Rakesh and Radhey Sham helped him in the business.
- On August 3, 1989, the appellant along with his two associates came to the hotel in a tractor and demanded empty glasses and cigarette packets. Radhey Shyam gave two packets of cigarettes to them but refused to give the empty glasses telling them that the liquor was strictly prohibited in the hotel. The accused persons then started taking "neat liquor" from their bottles.
- The appellant brought a loaded gun and fired at Siri Narain however it did not hit him. An FIR was filed and police carried out an investigation and filed a charge sheet was filed under section 25 of the Indian Arms Act read with Section 5 of TADA
- The learned Addl. Sessions Judge convicted the appellant for an offence punishable under Section 25 of the Indian Arms Act
ISSUE:
- Whether an appeal stands against the conviction under Section 307/34 of the Indian Penal Code alleging lack of evidence
CONTENTIONS OF APPELLANT:
- That all the witnesses turned hostile except for the victim and it would not be safe to convict the accused based on this evidence
CONTENTIONS BY RESPONDENT:
- That except for the oral evidence, the report given by the Assistant Director (Ballistics), Forensic Science Laboratory, Haryana, also corroborated their evidence
JUDGEMENT:
The court found no substance in the contentions of the appellant whereby it was pleaded that evidence cannot be accepted without having a corroboration of independent witnesses. The court accepted the sole testimony of the victim who was shot with a gun along with the seizure of double barrel gun and the cartridges which was proved by the prosecution through the evidence. The appeal was thereby dismissed on devoid of any merits
