(1.) THE appellant has been convicted under Section 307 of the Indian Penal Code by a judgment dated 11.01.2001 passed by the learned Additional Sessions Judge in FIR No. 329/94, P.S. Greater Kailash, Delhi and sentenced to suffer Rigorous Imprisonment for seven years and to pay a fine of Rs. 5,000/ -, in default of the payment of fine the appellant was directed to undergo a further Rigorous Imprisonment for a period of six months.
(2.) THE present appeal is directed against the aforesaid judgment dated 11.1.2001 and order on sentence dated 19.1.2001.
(3.) LEARNED Counsel for the appellant submits that the Additional Sessions Judge has failed to appreciate the evidence on record and the judgment and order of conviction is based on surmises and conjectures. It is submitted that the I.O., SI Badruddin Khan has clearly deposed that neither the revolver was recovered nor empty shell of the cartridge of the bullets fired were recovered. The blood stained clothes were also not seized and, thus, no reliance can be placed on the story of the prosecution. Learned Counsel for the appellant submits that in the case of Harpal Singh v. Devinder Singh reported at : 1997 Crl. L.J. 3561, it has been held that:
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