shot with 12 bore gun

AIR 2013 SUPREME COURT 3001

(From: Rajasthan)"

Criminal Appeal No. 889 of 2009,/-17-7-2013. 

Arshad Hussain v. State of Rajasthan.

(A) Penal Code (45 of 1860), S. 300- Murder-Genesis of offence - Proof -Prosecution story that deceased with two associates were going on scooters- Accused persons stopped them and ap- pellant shot with 12 bore gun which hit deceased-One of accused at relevant time was however found to be admitted to hospital and other was attending on him - Though shot was alleged to be fired from.12 gun no other than accused was hit by pellets - No scooter was seized from place of occurrence- Pros- ecution story stands disproved Appellant's conviction liable to be set aside. (2008) 1 Cri LR (Raj) 701, Reversed. (Paras 13, 18)

(B) Penal Code (45 of 1860), S. 100 Right of self defence - Murder case Accused alleging that deceased was hard core criminal-Having old enmity with accused Plea that in view of long standing enmity accused had right of self defence against deceased - Untenable.(Para 19)