Supreme Court of India
Sumersinbh Umedsinh Rajput @ Sumersinh v. State of Gujarat
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What the Court ordered
We are of the opinion that no case has been made out even under Section 353 of the Indian Penal Code.
Judgment, page 9
From the headnote
Penal Code, 1860: ss.307 and 353 - Scuffle between complainant-police officer and accused - Accused allegedly snatched service revolver of complainant and fired shot at him - Conviction by Courts below UIS. 307 ands. 353 !PC and 25(1) Arms Act - Justification of - Held. Not justified - Lot of discrepancies in regard to manner in which incident took place - Witnesses resilingfrom statement - Two bullets sentfor examination although specific case o.f prosecution that only one shot wus/iJ·,~d - Complainant himself had finger on trigger of revolver ut the time of incident- Case not made out under
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