In Brief
A police guard was convicted of murder under Section 302 IPC after five bullets from his automatic carbine fatally struck a police constable during a struggle. The carbine became entangled in the guard's belt chain, causing accidental discharge. Although the High Court confirmed conviction, the Supreme Court set aside it, finding the prosecution failed to prove intentional firing. Eyewitnesses corroborated the accidental firing account, and the alleged motive was unestablished. However, the Court found the guard grossly negligent for failing to keep the carbine's safety lever engaged. The conviction was downgraded to negligent homicide under Section 304A IPC, and the guard was released as he had already served over eight years imprisonment, exceeding the maximum two-year sentence for that offence.
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