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 whi