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Tarlochan Singh @ Rana vs State of Punjab

Criminal Appeal · 2022 INSC 356Decided 29 Mar 2022
Criminal Appeal No. 293 of 2018
N.V. Ramana · Krishna Murari · Hima Kohli

Background

A man was shot dead in Punjab in 2007, and investigation led police to his wife and her alleged lover, who allegedly conspired with a third accused to kill him. During interrogation, a co-accused led police to a hidden shotgun that was found to be licensed in the appellant's name, and the appellant was accordingly arrested. While the trial court convicted the appellant for conspiracy (Section 120-B IPC) and for offences under Sections 29 and 30 of the Arms Act (knowingly delivering a firearm to an unauthorized person, and violating licence conditions), the Punjab and Haryana High Court had already acquitted him of the conspiracy charge but upheld his Arms Act conviction, reasoning he could not have "willingly" handed over his rifle for a murder.

Decision Breakdown

The Supreme Court found that once the High Court itself accepted that the appellant did not willingly hand over his rifle to the actual killer, there was no evidence to support convicting him under Section 29 of the Arms Act, which requires knowingly and deliberately delivering a firearm to someone not entitled to have it. The evidence instead showed the rifle was kept in a farmhouse jointly owned by the appellant and the co-accused, and was taken without the appellant's knowledge or permission. Since there was no proof of any willful violation of licence conditions either, the Court held his conviction under Section 30 of the Arms Act (breach of licence conditions) also could not stand. The Court set aside the High Court's judgment to that extent and fully acquitted the appellant.

Lesson Learnt

A firearm licence holder cannot be criminally punished under the Arms Act for a weapon stolen or misused by someone else without his knowledge or consent: criminal liability under Sections 29 and 30 requires proof of a knowing and willful act by the licence holder himself.

Official source (sci.gov.in)View Judgment (PDF)

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