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State of Rajasthan vs. Shamsher Singh (SC)

52.00 5.20

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Penal Code, 1860–Sec. 307 [Corresponding Sec. 109 of BNS, 2023]–Arms Act, 1959–Sec. 27–Acquittal from the offence by the High Court–Justification–Accused-respondent fired from his service weapon AK 47–He was a constable in army and aware that gunshot from such a weapon if hits anyone, will certainly result into causing death–Injured sustained four injuries–Two were of grievous nature–The injuries may not be life threatening but it leaves no doubt that there was intention to cause death–Impugned judgment of High Court cannot be sustained–Incident is of the year 2010 and it happened in a rage of anger–Sentence is reduced up to the period of already undergone which is about one year and five months.