VICTOR PAUL Vs. STATE

JUDGEMENT

(1.) -The present appeal filed by convict Victor Paul @ Raju is directed against his conviction for offences under section 307 IPC as well as section 27 and section 25 of the Arms Act. By consolidated judgment dated 5th February, 1987, recorded by Shri V.P. Bansal, then Addl. Sessions Judge, New Delhi, the appellant was sentenced to R.I. for three years for offence under section 307 Indian Penal Code and to R.I. for two years on account of conviction under section 27 of the Arms Act and another R.I. for one year under section 25 of the Arms Act by separate order recorded on 7th February. 1987. The sentences were, however, directed to run concurrently.

(2.) The present criminal appeal was filed from jail while the convict was undergoing the sentence and the plea is that of failure on the part of the trial court to take note of the vital and glaring discrepancies in the statements of the prosecution witness, rendering the case as not worthy of conviction. Some details of the alleged discrepancies in the statements of the material witnesses are also set out in the grounds of appeal. Reference is also made to the opinion of the CFSL expert who failed to depose about certain material facts such as the evidence whether the weapon bad been used. It is pleaded that the oral evidence cannot be relied upon in the absence of the opinion of the expert whether this weapon was fit to be operated upon. Although the criminal appeal was admitted but the prayer for bail was declined.

(3.) Mrs. Usha Kumar, an advocate of this Court was appointed amicus curiae for the appellant. The appeal was today taked up for hearing when Mrs. Kumar appeared as amicus curiae for the appellant and Miss R. Wasu for the State. Both the learned counsel very ably assisted the Court in going through the trial court judgment and the records.