VidhiSangh

Supreme Court of India · 26/11/2021

SURINDER SINGH versus STATE (UNION TERRITORY OF CHANDIGARH)

[2021] 10 S.C.R. 1061 · 2021 INSC 790

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Summary

The Court maintained a police officer’s attempt-to-murder conviction for deliberately aiming and firing his service pistol, though the victim diverted the shot and escaped injury. Lack of a proved motive did not defeat credible eyewitness and forensic evidence. The Arms Act conviction was set aside because unlawful use alone did not establish the required statutory contravention where possession of the weapon was authorised. On the particular mitigating circumstances and long intervening period, the Section 307 sentence was reduced to the period already served.

Issues

  1. Whether absence of injury or proved motive undermined the attempt-to-murder conviction.
  2. Whether unlawful use of an authorised service weapon alone constituted the charged Arms Act offence.
  3. Whether the circumstances justified reducing the sentence while retaining the Section 307 conviction.

Provisions considered

Held

Result

Appeal partly allowed. Section 27 Arms Act conviction and sentence set aside; Section 307 IPC conviction maintained, with imprisonment reduced to the period already undergone and bail bonds discharged.

Judgment PDF: Supreme Court of India, [2021] 10 S.C.R. 1061.