Supreme Court · 2007 INSC 1262 · Decided 11 December 2007
Sumersinbh Umedsinh Rajput @ Sumersinh v. State of Gujarat
- Court
- Supreme Court of India
- Citation
- 2007 INSC 1262 · [2007] 13 S.C.R. 68
- Case number
- CRIMINAL APPEAL No. 1696/2007
- Decided
- 11 December 2007
- Bench
- S.B. SINHA, H.S. BEDI (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 307, 353; Arms Act Section 25, 25(l)(a), 25(1)(a)
Headnote
Penal Code, 1860: ss.307 and 353 - Scuffle between complainant-police officer and accused - Accused allegedly snatched service revolver of complainant and fired shot at him - Conviction by Courts below UIS. 307 ands. 353 !PC and 25(1) Arms Act - Justification of - Held. Not justified - Lot of resilingfrom statement - Two bullets sentfor examination although specific case o.f prosecution that only one shot wus/iJ·,~d - Complainant himself had finger on trigger of revolver ut the time of incident- Case not made out under s.307 nor under s.353 - Resultantly, prosecution under
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