AIR 1996 SUPREME COURT 3236 ::1996 AIR SCW 2094 ::1996 (2) UJ (SC) 375 ::1996 UJ(SC) 2 375 ::1996 CriLR(SC&MP) 361 ::(1996) 2 CurCriR 160 ::1997 SCC(Cri) 1078 ::1996 CriLR(SC MAH GUJ) 361 ::1996 (2) AllCriLR 826 ::1997 (1) EastCriC 111 ::(1996) 2 Crimes 99 ::1996 ALLAPPCAS (Cri) 153 ::(1996) SC Cr R 619 ::(1996) 5 JT 472 (SC) ::1996 (5) JT 472

Supreme Court Of India

Hon'ble Judge(s): B. L. Hansaria, K. Venkataswami , JJ

(A) Penal Code (45 of 1860) , S.149, S.300— Unlawful object- Group of accused persons having fire arms -Taking position on terrace of first floor and firing at unarmed complainant party standing on road- One person only however, fatally injured through it was easy for accused person to have murdered many, in view of their position - No unlawful object to murder could be attributed to accused - S. 149 not available to prosecution. (Para 8) (B) Terrorist and Disruptive Activities (Prevention) Act (28 of 1987) , S.3— 'Terrorist Act' - Murder of person of certain community by persons of other community - Allegation that murder was committed to terrorise that community - Person of such community however could not be held to be feeling insecure and terrorised because even ladies of said community found going to the field after occurrence - Recourse to act cannot be taken. (Para 10) (C) Penal Code (45 of 1860) , S.307— Attempt to commit murder - Injury caused by pellet, only grazing head of victim - Ingredients of Section. 307 cannot be held to have been satisfied - Conviction altered from Section 307 to that under Section 324. (Para 14) ....