IN RE: J.L. SAMUEL Vs. STATE

JUDGEMENT

(1.) THE revision petitioner was the Deputy Superintendent of Police, Armed Reserve, Palayamkottai. He was convicted under Section 304 -A, Indian Penal Code, and sentenced to undergo Rigorous Imprisonment for six months and to pay a fine of Rs. 1,000 and also under Section 3 read with Section 25 (1) (a) of Indian Arms Act and sentenced to pay a fine of Rs. 300, by the Sub -Divisional Magistrate, Tuticorin. The Sessions Judge, Tirunelveli, confirmed his conviction and sentence.

(2.) THIS is a very unfortunate case where a Police Constable doing duty at the Police Station was accidentally hit by a bullet fired by the petitioner, resulting in his death. Both the Courts have found that the death of the Constable was caused by the rash and negligent act of the petitioner. It was also found that he used a fire arm unauthorisedly.

(3.) THE petitioner contended that he shot a crane from the aperture, that he was not rash or negligent in doing so as he himself was trained in shooting and that he was a good marksman. 'He further contended that he had taken the rifle for the purpose of zeroing and correct and, therefore, it cannot be said that he committed an offence under the Arms Act.