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Supreme Court of India 2021-11-26 partly_allowed

SURINDER SINGH vs STATE (UNION TERRITORY OF CHANDIGARH)

Bench: 3 — N.V. Ramana, Surya Kant, A.S. Bopanna

In Brief

Surinder Singh, a Head Constable, was convicted of attempting to murder an advocate (Section 307 IPC) and unlawfully using a firearm (Section 27, Arms Act) after firing at the complainant in July 1999. The Supreme Court upheld the conviction under Section 307 IPC based on credible eyewitness testimony, forensic evidence, and the accused's intent and overt act, finding absence of motive non-fatal. However, the Court acquitted him under Section 27 of the Arms Act, ruling that unauthorized use of a licensed weapon does not violate Section 5 or 7 of the Act. The Court reduced his sentence from three years to time already served, citing mitigating factors including no premeditation, absence of injury, long elapsed time, and good character. The appeal was partly allowed.

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Criminal Law Attempt to Murder Arms and Weapons Law Sentencing Evidence Credibility of Witnesses

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