Supreme Court · 2013 INSC 390 · Decided 1 July 2013
Pramod Kumar v. State (Gnct) of Delhi
- Court
- Supreme Court of India
- Citation
- 2013 INSC 390 · [2013] 8 S.C.R. 323
- Case number
- CRIMINAL APPEAL No. 562/2010
- Decided
- 1 July 2013
- Bench
- B.S. CHAUHAN, DIPAK MISRA (2-judge bench)
- Outcome
- Dismissed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 302, 1861332; CrPC Section 313; Arms Act Section 25, 27
Headnote
A B Penal Code, 1860 - ss. 302 & 1861332 - Murder - Prosecution version that country-made pistol was fired by the accused that caused injuries to the deceased - Tenability - C Held: Tenable - Deceased and the accused were grappling with each other - Country~made pistol seized from accused, that all of a sudden, the accused brought out his country-made pistol and fired from close range clearly established by evidence - D Defence plea that while grappling, the position changed and bullet fired from the service revolver of PW-8 hit deceased not acceptable - No material to prove that
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