Supreme Court of India
Deomuni Sharma v. State of Jharkhand
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From the headnote
Penal Code, 1860: s. 307 r. w. ss. 149, 147, 148 - Arms Act,, 1959 - ss.27, 5 and 7 - Conviction by trial court - Affirmed by High Court inspite of arriving at a categorical c finding that appellant fired in the air only with an idea to scare away the aggressors and in pursuance of right of private defence of property and life and that the accused 3 fired, resulting in death of 2 and injuries to others - On appeal, held: The act of appeilant showed that he was not a member of unlawful assembly - Finding regarding s. 149 must fail - Conviction u/s. 307 not maintainable as the act was committed
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