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Supreme Court of India 2022-02-01 partly_allowed

VASUDEV vs STATE of M.P

Bench: 2 — Indira Banerjee, J.K. Maheshwari

In Brief

Vasudev was convicted of attempt to murder (IPC Section 307) and unlicensed arms possession (Arms Act Sections 25, 27) in connection with firing during a police operation to apprehend an absconding accused. The Supreme Court held that the prosecution failed to prove beyond reasonable doubt that Vasudev fired at police with intent to cause death. Forensic analysis showed the seized 12-bore gun could not fire from either barrel and empty cartridges were not from that gun. No prosecution witness saw Vasudev fire. The Court set aside the murder conviction but upheld the conviction under Section 25(1B)(a). Since Vasudev had already served that sentence, he was released forthwith."

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Criminal Law Attempt to Murder Arms Act Evidence Forensic Science Criminal Procedure

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