The testimony of an injured witness carries significant evidentiary value and, when corroborated by prompt registration of an FIR and supporting medical evidence, is sufficient to sustain a conviction, even if cross-examination reveals minor inconsistencies.

JUDGMENT :

ANIL KUMAR-X, J.

1. Heard Smt. Archana Singh, learned Amicus Curiae for appellant and Sri Sushil Kumar Mishra, learned State Law Officer for State.

2. This appeal has been preferred against the judgment and order dated 25.03.1988 passed by the Additional Sessions Judge, Meerut in Sessions Trial No. 526 of 1986 (State vs. Brahma Prakash) and in Sessions Trial No. 589 of 1986 ( State vs. Ganga Saran ), convicting and sentencing appellant no. 1, Brahma Prakash, under Section 307 IPC to undergo seven years rigorous imprisonment and under Section 25 Arms Act to undergo one year rigorous imprisonment, and convicting and sentencing appellant no. 2, Ganga Saran, under Section 307 IPC read with Section 34 IPC to undergo seven years rigorous imprisonment.

3. The prosecution case is that the complainant, Nand Kishore, lives in R.K. Puram (Prem Vihar), opposite Mohalla Nai Mandi in Meerut city, along with his wife, Smt. Sukhpali.The accused, Ganga Sharan, was earlier a tenant in the complainant's house. He was evicted by the complainant because of his bad conduct. After eviction, Ganga Sharan started living in Indra Nagar, Meerut, and runs a cycle repair shop.On 23 April 1986 at about 2:45 PM, Ganga Sharan came to the complainant's house along with another person. He told his companion to kill the complainant and his wife because they had removed him from the house. Following this, his companion fired a shot from a country-made pistol, which hit the ear of the complainant's wife. 4. Hearing the gunshot and noise, Madan Lal Sharma and Chater Sain (a Home Guard), along with a constable from Chowki Newla, reached the spot. With their help, the complainant managed to catch both accused persons outside the house. They were found with a country-made pistol and cartridges. The companion disclosed his name as Braham Prakash. Both accused were then taken to the police station by the complainant and the witnesses.

5. A written complaint (Ext. Ka-1) was filed by P.W.-2 Nandlal at the Police Station Lisari Gate District Meerut. The accused persons, along with the country-made pistol and cartridges recovered from them, were handed over to the police. A case was registered against them in case crime no. 79/86 under Section 307 IPC and Section 25 of the Arms Act. After completing the investigation and obtaining permission from the District Magistrate for prosecution under the Arms Act, charge sheets (Ext. Ka-9 and Ka-10) were filed in the court of the Chief Judicial Magistrate (CJM), Meerut. This case was committed to the Sessions Court on charges were framed. Brahm Prakash was charged under Section 307 IPC and Section 25 Arms Act. Ganga Sharan was charged under Section 307 read with Section 34 IPC (common intention).Both accused denied the charges and chose to face trial.

6. The prosecution examined a total of seven witnesses.The prosecution has examined Smt. Sukhpali as P.W.1, Nand Kishore as P.M.2, Chater Sain as P.W.3, Dr.R.K. Jain as P..4, constable no.424 Jaipal Singh as P.W.5, Constable no. 1602 Jagdish Prasad as P.W.6 and Sub Inspector Surender Singh Chaudhry as P.W.7. Smt. Sukhpali Pail is P.W.2 ist he an injured of the alleged occurrence. complainant, eye-witness and husband of Smt. Sukhpali P.l.1. Chater Sain, Home Guard P.W.3 and Constable no. 1602 Jagdish Prasad P.W.6 are the independent eye witnesses according to the prosecution. P.4.4 is a doctor who has examined Smt. Sukhpali and has given his injury report (Ext. Ka-3). P.M.5 is the scribe of F.I.R. (Chik report) and he has also taken case property in cust