NDLI: Surinder Singh Vs. State (union Territory of Chandigarh)

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Penal Code
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Indian Penal Code (45 of 1860)
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Penal Code, 1860 – s.307 – Attempt to murder – Appellant- Head Constable convicted u/s.307 and s.27 of Arms Act, sentenced to rigorous imprisonment of 3 years for both the offences – On appeal, held: Appellant was in an inebriated condition when he entered residential office of the complainant – After consuming water, he pulled out his pistol and aimed it at the complainant, whereafter he directed PW-3 and PW-4 to get out of the room – CFSL Report proves that the cartridge recovered from the office of the complainant was fired from the service pistol recovered from the appellant – Although, the prosecution failed to attribute any motive to the appellant for yearning to kill the complainant, however, the absence of motive alone cannot abjure the guilt of the appellant – Conviction u/s.307 fully justified – However, illegal use of a licensed or sanctioned weapon per se does not constitute an offense u/s.27, Arms Act without proving the misdemeanour u/ss.5 or 7, Arms Act – Conviction and sentence awarded to the appellant u/s.27, Arms Act set aside – Further, the incident occurred in 1999 – In view of the passage of a long time period coupled with appellant’s clean record, before and after the incident, the sentence u/s.307 is reduced to the period already undergone – Arms Act, 1959 – ss.5, 7, 27 – Arms Amendment Act, 1988 – Constitution of India – Arts.14, 136.Criminal Law – Evidence – Motive – Charge u/s.307, IPC – Absence of motive – When not fatal – Discussed – Penal Code, 1860 – s.307. Arms Act, 1959 – ss. 5, 7, 27 – Pre & post amendment – Held: Prior to amendment, s.27 penalized the use of any arms and ammunitions for any ‘unlawful purpose’ – However, post amendment, s.27 is strictly confined to violation of conditions mentioned either u/ss.5 or 7 and the ‘unlawful purpose’ of using arms and ammunitions is no longer an inseparable component of the delinquency – Arms (Amendment) Act, 1988. Sentence/Sentencing – Quantum of Sentence – Doctrine of proportionality – Mitigation of Sentence – Discussed – Constitution of India – Art.14. Constitution of India – Art.136 – Powers under – Exercise of, in criminal appeals – Discussed. Penal Code, 1860 – s.307 – Ingredients – Held: The two ingredients to be considered for constituting an offence u/s.307 are, first, intention or knowledge on the part of accused to cause death of the victim and second, such intent or knowledge followed by some overt actus rea in execution thereof, irrespective of whether or not any injury is inflicted upon the victim.
Judge	Hon'ble Mr. Justice Surya Kant
Neutral Citation	2021 INSC 790
Petitioner	Surinder Singh
Respondent	State (union Territory Of Chandigarh)
SCR	[2021] 10 S.C.R. 1061
Judgement Date	2021-09-26
Case Number	2373

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