AI Overview...
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Hit by Pistol Muzzle Not Offence under Section 27 of Arms Act - The courts have clarified that merely being hit by a pistol muzzle does not constitute an offence under Section 27 of the Arms Act, especially if there is no evidence of firing or possession of a firearm at the time Jhuntha Ram VS State of Rajasthan - Rajasthan.
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Land with Licensed Muzzle Loading Gun - Keeping a licensed muzzle-loading gun for security purposes, without evidence of firing or intent to use it unlawfully, does not amount to an offence under Section 27 of the Arms Act. The courts emphasized the importance of intent and circumstances over mere possession Jhuntha Ram VS State of Rajasthan - Rajasthan.
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Convictions under Sections 302, 307 IPC and Section 27 Arms Act - Several cases have upheld convictions under Section 27 for possession or use of firearms, but these are based on evidence of firing, injury, or intent. The courts have acquitted accused when evidence was insufficient or inconsistent, especially regarding firing from pistols Gajjansingh VS State - Rajasthan, Bakhtawarsingh VS The State, - Rajasthan, Murari Yadav VS State of Bihar - Patna.
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Firing Close to Body and Firearm Injury - Convictions for firearm injuries under Section 27 require evidence of discharge close enough to cause injury. If no such evidence exists, or if the firearm was not discharged, the offence under Section 27 may not be established Murari Yadav VS State of Bihar - Patna.
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Credibility of Evidence and Witness Testimony - Courts have scrutinized witness credibility, and in cases with contradictions or omissions, convictions under Section 27 have been set aside. The absence of direct evidence of firing or recovery of firearms often leads to acquittals Bhani Ram VS State of Rajasthan - Crimes, Bhani Ram VS State of Rajasthan - Rajasthan.
Analysis and Conclusion:
The main insight is that under Section 27 of the Arms Act, merely being in possession of a firearm or being hit by a firearm muzzle without evidence of firing or intent does not constitute an offence. Convictions generally require proof of firing, injury caused, or unlawful possession with intent. Courts have consistently held that accidental or incidental contact with a firearm, especially when not proven to be a result of firing, does not amount to an offence under Section 27. Therefore, being hit by a pistol muzzle alone, without evidence of firing or unlawful use, is not sufficient to establish an offence under Section 27 of the Arms Act.
Search Results for "Hit by Pistol Muzzle is Not an Offence under Section 27 of Arms Act"
1985 0 Supreme(Raj) 764 • India - Rajasthan
M.C.JAIN, FAROOQ HASAN
The conviction and sentences of the appellant for the offences under Section 302, IPC, and Section 27, Arms Act were set aside, and ... His conviction and sentence for the offence under Section 25, Arms Act were confirmed, but he had already served out the sentence ... The court held that the appellant was entitled to the benefit of doubt and acquitted him of the murder and Section 27#HL....
1994 0 Supreme(All) 175 • India - Allahabad
S.N.SAXENA
CRIMINAL APPEAL - SECTIONS 399, 402 IPC, SECTIONS 25 (1) (A), 27 ARMS ACT, SECTION 5 EXPLOSIVES ACT - FACTUAL MATRIX OF POLICE ... (1) (A), 27 ARMS ACT, SECTION 5 EXPLOSIVES ACT - COURT'S ANALYSIS AND CONCLUSION ON THE CREDIBILITY OF POLICE WITNESSES AND THE ... The accused were charged under sections 399 and 402 IPC, sections 25 (1) (a) and #H....
1983 0 Supreme(Raj) 25 • India - Rajasthan
S.C.AGRAWAL, KANTA BHATNAGAR
the land, the appellant was keeping with him his licenced muzzle loading gun as security measure, it cannot be said that he had ... If in such circumstances, being afraid of dire consequence because of the threatening by the villagers in case he would not leave ... The learned Judge has further observed that intention of those persons might have been that there doing so, the accused would not ... Sessions Judge, Hanumangarh charge sheeted the appellant for the offence under sections 302, 307/34 I P.C. a....
1975 0 Supreme(Raj) 169 • India - Rajasthan
V.P.TYAGI, S.N.MODI
under Sections 302 and 307, Indian Penal Code, as well as under Section 27 of the Arms Act. ... The conviction of the appellants under Section 27 of the Arms Act was also maintained. ... They were also convicted under Section 27 of the Arms Act and sentenced to undergo rigorous imprisonment for 3 years. ... The conviction of the appellants under Sect....
2015 0 Supreme(J&K) 523 • India - Jammu and Kashmir
MOHAMMAD YAQOOB MIR, JANAK RAJ KOTWAL
for five years and a fine of Rs. 5000 for the offense under section 30 Arms Act. ... The appellate court found the evidence of the witnesses credible and convicted the accused under section 302 RPC and 30 Arms Act. ... Final Decision: The appellate court set aside the acquittal and convicted the accused under section 302 RPC and 30 Arms Act ... We, therefore, convict the accused under section 302....
2019 0 Supreme(Pat) 39 • India - Patna
RAKESH KUMAR, PRAKASH CHANDRA JAISWAL
Indian Penal Code, 1860 – Sections 302/34 – Arms Act, 1959 – Section 27 – Murder – Common intention – Conviction ... (Paras 15 to 25) Arms Act, 1959 – Section 27 – Fire-arm injury – If a firearm is discharged very close to body ... muzzle and victim would only be a few inches and not more than nine inches. ... Case No. 54 of 2009 whereby the learned trial court convicted the accused namely, Murari....
2022 0 Supreme(Raj) 486 • India - Rajasthan
– Arms Act, 1959 – Section 27 – Criminal Appeal – Offence of murder – Power to examine the accused – Appeals have been filed as culmination ... Indian Penal Code, 1860 – Section 302, 143, 148, 149 – Criminal Procedure Code, 1973 – Section 313, 319 ... intention that appellant hurled exhortation to kill whereafter, accused fired fatal gunshot – Thus, conviction of appellant for offence ... under Sections 302 and 143 IPC and #HL_START....
• India - Crimes
V.G.PALSHIKAR, B.R.ARORA
Indian Penal Code, 1860 - Section 302/149 - Appellants armed with pistol, gandasi & lathi assaulted deceased sitting in a shop - ... stating that shots were fired by accused - Recovery of pistol inconsequential as no evidence that shots were fired from pistol seized ... - Medical evidence not corroborating oral testimony - Conviction can not be sustained. ... They were also sentenced for one year’s rigorous imprisonment under section 27 of the #HL_ST....
• India - Crimes
P.SATHASIVAM, H.L.GOKHALE
Indian Penal Code,1860-Sections 148, 302/149, 307/149 r/w Section 3/27 of Arms Act, 1959-Prosecution of accused persons for causing ... be concluded that injuries on deceased persons were not caused by fire arms- Again mere non-recovery of pistol or cartridge does ... Again mere non-recovery of pistol or cartridge did not detract the case of prosecution where clinching and direct evidence was acceptable ... (d) On ....
1995 0 Supreme(Raj) 146 • India - Rajasthan
V.G.PALSHIKAR, B.R.ARORA
Penal Code, Sec. 302/149 and Arms Act, Sec. 27 - Trial Court (Sessions Court) relied on two witnesses for conviction and remaining ... record to convict the accused for any of the offences. ... — The witnesses relied on are also disbelieveable — There are several omissions and contradictions in the evidence and they are not ... They were also sentenced for one years rigorous imprisonment under section 27 of the Arms Act. This order ....
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