Supreme Court · 2009 INSC 840 · Decided 26 May 2009

Deomuni Sharma v. State of Jharkhand

Court
Supreme Court of India
Citation
2009 INSC 840 · [2009] 9 S.C.R. 587
Case number
CRIMINAL APPEAL No. 718/2003
Decided
26 May 2009
Bench
V.S. SIRPURKAR, RAJENDRA MAL LODHA (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Criminal
Acts & sections cited
IPC Section 307, 149, 27, 1, 147, 148; Arms Act Section 149, 147, 148, 27, 5, 7

Headnote

Penal Code, 1860: s. 307 r. w. ss. 149, 147, 148 - Arms Act,, 1959 - ss.27, 5 and 7 - Conviction by trial court - Affirmed by High Court inspite of arriving at a categorical c finding that appellant fired in the air only with an idea to scare away the aggressors and in pursuance of right of the accused 3 fired, resulting in death of 2 and injuries to others - On appeal, held: The act of appeilant showed that he was not a member of D unlawful assembly - Finding regarding s. 149 must fail - Conviction u/s. 307 not maintainable as the act was committed individually by accused 3 by

Search related judgments

Judgments are the courts' own published copies, provided for study; they are not certified copies. Source: Indian Supreme Court & High Court Judgments, Dattam Labs (CC-BY-4.0)