NDLI: Vasudev Vs. State of M.p.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	1860 – ss.307/34 Penal Code
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Case(s) Referred	Referred Case 0
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Penal Code, 1860 – ss.307/34 – Arms Act – s. 3/25(1B)(a) and s. 27/34 – The case of prosecution that Sub-Inspector (PW-6) along with SDOP (PW-10) reached a village on having information that an absconding accused ‘R’ was hiding with his associate members – The accused persons were hiding in a house – PW-10 challenged the accused to surrender – However, the accused persons opened fire on the police from inside the house – After retaliation from the police parties, the accused ‘R’ expressed his wish to surrender – Accordingly, the accused ‘R’ along with accused/ appellant surrendered before the police – After surrendering, one 315 bore rifle along with 19 live cartridges and 5 empty cartridges were recovered from ‘R’ and one 12 bore double barrel gun along with 20 live cartridges and 7 empty cartridges were recovered from accused/appellant – The Trial Court convicted the accused persons u/s. 307/34 IPC r/w. s.3/25(1B)(a) and s.27 of the Arms Act – Aggrieved, both the accused persons filed appeal before the High Court – During the pendency of appeal, accused ‘R’ died and his appeal was dismissed as abated – The High Court confirmed the judgment of the Trial Court and the remaining appeal of the appellant/accused was dismissed – On appeal, held; As per the testimonies of the prosecution witnesses PW-4, PW-5, PW -10, PW14 and PW-16, it is apparent that an information of hiding by the deceased accused with his associate in a house was received, however, in their statements it is not said that appellant was with him – Further, PW-5 in cross-examination said that the firing was towards the hill area and not towards the police party – None of the witnesses saw appellant firing on police – So as per the said testimony, it is apparent that the intention and knowledge to commit an act by them towards the policy party was not proved beyond reasonable doubt – The arrest, seizure were prepared at the police station and not on spot – Three independent witnesses, PW-7, PW-8 and PW-13 did not supported the case of prosecution – Further, as per FSL report, the right barrel of 12 bore gun, fire could not be done and the empty catridges, which were received were not fired from the left barrel – Therefore, use of 12 bore gun is not proved – Considering all these aspects, the ingredients of s.307/34 IPC and s.27 of the Arms Act were not proved by the prosecution beyond the reasonable doubt, proving the guilt of the appellant – The Trial Court and the High Court committed error in convicting the appellant u/s. 307/34 IPC r/w s.27 Arms Act – Therefore, the conviction and sentence for the said charges are set aside, except of the charge u/ s. 25(1B)(a) of the Arms Act.
Judge	Hon'ble Mr. Justice J.K. Maheshwari
Neutral Citation	2022 INSC 135
Petitioner	Vasudev
Respondent	State Of M.p.
SCR	[2022] 1 S.C.R. 514
Judgement Date	2022-02-01
Case Number	388

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