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
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