SUMIT SINGH AND ANOTHER Vs. STATE OF UTTARAKHAND AND OTHERS
LAWS(UTN)-2013-9-19
HIGH COURT OF UTTARAKHAND
Decided on September 06,2013

Sumit Singh And Another Appellant
VERSUS
State of Uttarakhand and others Respondents

JUDGEMENT

Alok Singh, J. - (1.) LEARNED counsel for the petitioners submits that there is no assertion in the First Information Report that any shot was fired; assaulting with backside of revolver cannot cause death in the ordinary circumstances; injury received by the injured was neither grave nor serious nor was sufficient to cause death. Therefore, offence punishable under section 307 IPC, is not made out. Mr. Arora further contends that although petitioners are not named in the first information report but police of Police station Dalanwala, Dehradun is adamant to arrest the petitioners for the offence punishable under section 307 IPC which on the face of it, is not made out.
(2.) MR . Arora further contends that petitioners shall move an application before the competent Judicial Magistrate, Dehradun showing their intention to surrender, if they are wanted in the present case. If report comes to the effect that petitioners are wanted in the present case, petitioners shall surrender before the competent Judicial Magistrate on or before 25.09.2013 and shall move an application seeking regular bail. Mr. K.S. Rautela, learned A.G.A. appearing for the State fairly submitted that had there been any intention to kill, shot would have been fired instead of assaulting from the back side of the firearm.
(3.) HAVING heard learned counsel for the parties, prima facie, it seems that offence under section 307 IPC is not made out.;


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