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Supreme Court of India 2021-11-26 partly_allowed

Surinder Singh vs State (Union Territory of Chandigarh)

Bench: 3 — Surya Kant

In Brief

Surinder Singh, a Head Constable, entered a residential office while intoxicated with a loaded service pistol, pulled it out, and fired at the occupant (the Complainant). The Complainant intervened, pushing the weapon upward, causing the bullet to hit the ceiling. Singh was convicted of attempted murder under Section 307 IPC and unlicensed arms use under Section 27 of the Arms Act, sentenced to 3 years imprisonment. The Supreme Court upheld the conviction for attempted murder, finding eyewitness testimony and forensic evidence conclusive despite absence of motive. However, it acquitted him under the Arms Act, holding that misuse of a licensed, authorized weapon does not violate the licensing regime. The Court reduced the sentence to time already served due to mitigating factors: no injury caused, 22-year delay, clean record, and loss of employment.

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Criminal Law Attempt to Murder Arms Act Sentencing Criminal Procedure

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