1999 JTR(SC) 560
1999 2 AICLR 381 ; 1999 AIR(SC) 2259 ; 1999 AIR(SCW) 2299 ; 1999 1 ALD(Cri)(SC) 909 ; 1999 39 AllCriC 336 ; 1999 AllMR(Cri)(SC) 1270 ; 1999 CriLR 373 ; 1999 3 Crimes(SC) 55 ; 1999 CrLJ 3522 ; 1999 2 EastCrC(SC) 100 ; 1999 1 JCC 286 ; 1999 4 JT 474 ; 1999 2 RCR(Cri) 782 ; 1999 3 Scale 634 ; 1999 9 SCC 149 ; 1999 SCC(Cri) 574 ; 1999 2 UJ 1040 ; 1999 KHC 1505 ; 1999 5 Supreme 359
1999(5) Supreme 359
Supreme Court of India
(From Designated Court, Najafgarh)
G.T. Nanavati & N. Santosh Hegde, JJ.
Ram Kumar -Appellant
versus
State (NCT) of Delhi -Respondent
Criminal Appeal No. 427 of 1998
Decided on 28-4-1999
Counsel for the Parties :
For the Appellant :T.N. Singh, Advocate.
For the Respondenet : V.C. Mahajan, Sr. Advocate, Rajeev Sharma, A.K. Sharma, Anil Katiyar, Advocates.
Act
Referred
:ARMS ACT : S.27
INDIAN PENAL CODE : S.307, .
TERRORIST AND DISRUPTIVE ACTIVITIES PREVENTION ACT : S.5
(A) The appellant was convicted under Section 307 IPC for attempt to murder, Section 5 of the Terrorist and Disruptive Activities Prevention Act (TADA) for unlawful possession of a firearm, and Section 27 of the Arms Act for possession of an unlicensed pistol. The TADA provisions apply to reinforce stringent penalties for terrorism-related offences, while the Arms Act and IPC provisions govern unlawful possession and use of firearms, establishing a framework for prosecuting violent offences involving illicit weapons.
(B) Key legal principles include the requirement of reliable evidence to prove unlawful possession and the intent to cause grievous harm. The court emphasized that evidence from police officers can be sufficient where independent witnesses are unavailable, and that mitigating circumstances may warrant sentence reduction while upholding conviction.
Facts of the case:
The appellant was apprehended after an incident where he was found in possession of a country-made pistol and was chasing another individual who was injured. The prosecution relied on the testimony of patrolling police officers who witnessed the chase, the firing, and the recovery of the weapon. The injured party did not support the prosecution, allegedly due to a familial relationship. The appellant was convicted under the relevant statutes and sentenced to varying terms of imprisonment and fines.
Findings of Court:
The court found the evidence of the police officers credible and sufficient to uphold the conviction under Section 307 IPC, Section 5 of TADA, and Section 27 of the Arms Act. It acknowledged the near relationship between the appellant and the injured but held that the prosecution had satisfactorily proven intent and possession, thereby confirming the convictions while reducing the sentence for the Section 307 offence.
Issues:
Whether the evidence adduced by the prosecution was sufficient to sustain conviction in the absence of an independent witness, and whether the sentence imposed for the Section 307 offence was proportionate to the gravity of the offence.
Ratio Decidendi:
The court held that the cumulative evidence of the police officers, corroborated by the recovery of the weapon and the circumstances of the chase, established the appellant's guilt beyond reasonable doubt. It also determined that the sentence for the Section 307 offence could be reduced to reflect the near relationship between the parties without affecting the integrity of the conviction.
Result:
The appeal was partly allowed: convictions under Section 307 IPC, Section 5 of TADA, and Section 27 of the Arms Act were upheld, but the sentence of rigorous imprisonment for 10 years under Section 307 IPC was reduced to 7 years, with the fines and other sentences remaining unchanged.
(A) The appellant was convicted under Section 307 IPC for attempt to murder, Section 5 of the Terrorist and Disruptive Activities Prevention Act (TADA) for unlawful possession of a firearm, and Section 27 of the Arms Act for possession of an unlicensed pistol. The TADA provisions apply to reinforce stringent penalties for terrorism-related offences, while the Arms Act and IPC provisions govern unlawful possession and use of firearms, establishing a framework for prosecuting violent offences involving illicit weapons.
(B) Key legal principles include the requirement of reliable evidence to prove unlawful possession and the intent to cause grievous harm. The court emphasized that evidence from police officers can be sufficient where independent witnesses are unavailable, and that mitigating circumstances may warrant sentence reduction while upholding conviction.
Facts of the case:
The appellant was apprehended after an incident where he was found in possession of a country-made pistol and was chasing another individual who was injured. The prosecution relied on the testimony of patrolling police officers who witnessed the chase, the firing, and the recovery of the weapon. The injured party did not support the prosecution, allegedly due to a familial relationship. The appellant was convicted under the relevant statutes and sentenced to varying terms of imprisonment and fines.
Findings of Court:
The court found the evidence of the police officers credible and sufficient to uphold the conviction under Section 307 IPC, Section 5 of TADA, and Section 27 of the Arms Act. It acknowledged the near relationship between the appellant and the injured but held that the prosecution had satisfactorily proven intent and possession, thereby confirming the convictions while reducing the sentence for the Section 307 offence.
Issues:
Whether the evidence adduced by the prosecution was sufficient to sustain conviction in the absence of an independent witness, and whether the sentence imposed for the Section 307 offence was proportionate to the gravity of the offence.
Ratio Decidendi:
The court held that the cumulative evidence of the police officers, corroborated by the recovery of the weapon and the circumstances of the chase, established the appellant's guilt beyond reasonable doubt. It also determined that the sentence for the Section 307 offence could be reduced to reflect the near relationship between the parties without affecting the integrity of the conviction.
Result:
The appeal was partly allowed: convictions under Section 307 IPC, Section 5 of TADA, and Section 27 of the Arms Act were upheld, but the sentence of rigorous imprisonment for 10 years under Section 307 IPC was reduced to 7 years, with the fines and other sentences remaining unchanged.
Judgment
Nanavati, J.-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 Section 307 IPC, Section 5 of the TADA Act and Section 27 of the Arms Act. For the offence punishable under Section 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 Section 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 Section 27 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 counsle has been appointed as Amicus 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 independant witness has proved t hat the appellant had fired the shot which injured Ram Karan, and that he had ‘Dessi Katta’ with him when he was apprehended by the police. The evidence of PW-2 - Jamna Das, dicloses that he along with other police officers was on patrolling duty during the night between 10.4.91 and 11.4.91 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 Chandrabhan 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 independant 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 independant witness was available near the place of incident. Therefore, on the ground that no independant witness has been examined by the prosecution, the evidence of the police officers cannot be discharged 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 Dass and Head Constable Chandra Bhan. It is true that injured Ram Karan has not supported the prosecution case but that it 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 Section 307 IPC. As the pistol was found in possession of Ram Kumar for which he did not pssess any licence, his conviction under Section 5 of the TADA Act also deserves to be confirmed. So also his conviction under the Arms Act.
4. It is urged by the learned counsel for the appellant that the sentence imposed upon the appellant for the offence punishable under Section 307 is rather harsh and it deserves to be reduced. Considering the near relationship of the injured and the appellant and other facts and circumstances of the case, we are of the view that the ends of justice would be met if the sentence of rigorous imprisonment for 10 years, for the offence punishable under Section 307 IPC, is reduced to 7 years’ rigorous imprisonment.
5. We, therefore, partly allow this appeal. We maintain the appellant’s conviction for the offence punishable under Section 307 IPC, Section 27 of the Arms Act and Section 5 of TADA Act. The sentence imposed upon the appellant for the offence under the Arms Act and TADA Act is also confirmed. However, the sentence imposed upon him for the offence punishable under Section 307 IPC is reduced from 10 years rigourous imprisonment to 7 years rigourous imprisonment. The sentence of fine is maintained.
(S.P.M.) Appeal partly allowed.
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