Conviction based on sole testimonies of witnesses requires corroboration and lack of corroborative evidence weakens the prosecution's case.

JUDGMENT

Mukta Gupta, J.

1. By this appeal, the appellant challenges the judgment of the learned Trial Court dated 06th July, 2018 whereby the appellant was held guilty for murder of one Ghan Shyam Prasad ("deceased"); and also the order on sentence dated 09th July, 2018, whereby the appellant was directed to undergo rigorous imprisonment for life alongwith fine of Rs.50,000/- in default whereof, simple imprisonment for 6 months, for offence punishable under Section 302 of the Indian Penal Code, 1860 ("IPC"), and also for rigorous imprisonment for 5 years alongwith fine of Rs.20,000/- in default whereof, simple imprisonment for 2 months for offence punishable under Section 27 of the Arms Act, 1959.

2. Briefly, the prosecution case is that on the intervening night of 11th- 12th November, 2015, the deceased alongwith Vijay (PW-3), Mritunjay (PW-5), and Asha Ram (PW-6) was gambling in front of H.No. D-6, Chowk CC Road, Parvesh Nagar, Mubarakpur, Delhi. The appellant came there on a black Pulsar motorcycle and threatened to steal their money and further threatened that if anyone opposed him, he would shoot that person. The deceased objected to this behavior of the appellant on which, the appellant took out his pistol and shot the deceased on his left side temple region, after which the deceased collapsed. Other people present with the deceased fled away due to fear. Information was given to the police by one Sanjay Jamulkar (PW-1), on which ASI Naresh Kumar (PW-22) along with Ct. Niranjan reached the spot at about 1.50 AM and on reaching the spot, it was found that the injured had been taken to the hospital and blood was lying at the spot. ASI Naresh went to SGM Hospital, where the deceased was declared "brought dead". ASI Naresh prepared the rukka (Ex.PW-22/D) on which FIR No.1412/2015 dated 12th November, 2015 under Section 302 IPC and Sections 25/27 Arms Act (Ex.PW-11/A) was registered at PS Aman Vihar.

3. Dr.Anurag Thapar (PW-21) at the SGM Hospital conducted the post- mortem examination on the dead body of the deceased on 12th November, 2015 and tendered his report (Ex.PW-21/A). The report noted:

"External examination (injuries etc.):

1. Firearm entry wound, oval shaped, 0.7 x 0.7 cm in diameter over left side of face, 4 cm in front of ear and 4 cm below the outer angle of left eye surrounded by abrasion collar and grease collar seen around the wound margin. On exploration, injury track passing through underlying skin, s/c tissues, muscles and fracturing left temporal bone, lacerating left and right temporoparietal lobes and bullet found embedded in right parieto temporal bone. Injury track is running upwards from left to right side with extensive blood extravasation along with track.

... ...

Head:

Time since death: apx 18 hours.

Opinion: Cause of death is shock as a result of head injury due to rifled fire-armed weapon. All injuries are ante-mortem in nature."

4. After registration of FIR, investigation was entrusted to SHO/Insp. Rajender Prasad (PW-23). On receipt of secret information, appellant was arrested on 13th November, 2015 from T-point, Mubarakpur Majri Road and Rama Vihar Road at about 5.30 PM (Ex.PW-23/B) and his disclosure statement (Mark PW-23/A) was also recorded. Thereafter, upon completion of investigation, charge-sheet was filed and the appellant was charged for offences punishable under Section 302 IPC for murder of the deceased, under Section 201 IPC for disappearance of firearm and also under Section 27 of the Arms Act. To prove its case, the prosecution examined 25 witnesses.

5. Learned counsel for the appellant assailing the impugned judgment contends that the eye-witnesses in the present case i.e. PW-3, PW-5 and PW-6, are unreliable as their statements are inconsistent and contradictory to the case of the prosecution. It is conten