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Supreme Court of India 2022-02-01 partly_allowed

Vasudev vs State of M.P

Bench: 2 — J.K. Maheshwari

In Brief

The appellant, a senior citizen, was convicted for attempted murder and unlicensed possession of a firearm. The Supreme Court examined the prosecution's evidence and found critical gaps. The FSL report showed the seized gun's right barrel was cut short (incapable of firing) and empty cartridges were not fired from the left barrel, meaning the gun's use was never established. No witness directly saw the appellant fire or attack police. The Court held that prosecution must prove guilt beyond reasonable doubt, not by mere presumption of presence. The conviction under attempt to murder and Section 27 of the Arms Act was set aside; the appellant was acquitted except for unlicensed possession, for which he had already served time. The appeal was partly allowed and the appellant was released."}

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Criminal Law Evidence Attempt to Murder Arms Act Criminal Procedure

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