Firearms and Murders : A Legal Analysis of Decisions

Firearms and Murders : A Legal Analysis of Decisions 

Here is a short discussion on some decisions where use of Firearms has been alleged and offence under S.302 of IPC, 1860 were alleged. 

S.302 carries even death sentence. S.302 is now replaced since IPC, 1860 has been repealed. S.300 deals with murder.

Sidhartha Vashisht @ Manu Sharma v. State (NCTD) [2010] GCtR 5982 (SC) : This is Jessica Lal Murder Case. Conviction was ordered. Pistol was used. Left eye of victim was the target. Two empty cartridges were seized. Shri Ram Jethamalani appeared for accused and accused could not secure acquittal. Ballistic reports were quoted by accused. It was argued that shots were not fired from one weapon. One witness said that Accused took out pistol from dub of his pant and fired a shot in air and another person fired shot which hit Jessica. 

[2019] GCtR 5977 : In this case, accused was acquitted. Rifle, country made pistol were used and more than 4 injuries were present. Another victim received only gun shot wounds numbering more than 10. 

[2019] GCtR 5978: In this case, accused was granted bail. Here, gun shot was alleged ; S.302 was invoked. Accused secured bail after citing clean antecedents. 

[2019] GCtR 5979 : In this case also, accused were convicted. Bleeding injuries were there ; victim died. Single Barrel Gun was used. Lot of witnesses were relatives of deceased ; yet conviction for murder was found justified. Injuries were possible due piercing of pellets. Gun ownership was discovered and gun powder from the body and the gun powder of residue of the gun was also matched. 

[2019] GCtR 5980: In this case, accused were convicted. In this case, licensed guns and country made pistols were used. Body was thrown. The guns were not taken in custody by IO. Lacerated wounds were there in middle of forehead and from chest wall, more than 7 pallets were extracted ; from vertibra column more than 10 pallets were recovered ; form abdominal wall, more than 14 pallets were recovered. More than 12 pellets were recovered from abdomen. 

[2019] GCtR 5981: In this case, accused was acquitted. Offence took place in September. Time was dark night. Apart from guns, other weapons were used. Gun was of 12 bore. 1 victim died on spot. S.302 was alleged. Gun was not recovered during investigation. It was recovered at the instance of someone else. PMR showed no pellets. Witness failed to say who used the gun. One witness said A fired from gun. 2nd witness said A was carrying gun. 3rd witness said A fired from gun. In cross-examination, 3rd witness spoke something else. 4th witness said he could not identify who fired from gun [version in cross-examination]. Accused was ultimately acquitted.