State of Punjab Vs. Dalbir Singh
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Head Note
The Arms Act,1959 - Section 5 , Section 7 , Section 27
Prohibition of acquisition or possession, or of manufacture or sale, of prohibited arms and ammunition - There is valid classification between Sections 27(1) and 27(2) on the severity of the punishment.
The Arms Act,1959 - Section 27 (2) , (3)
Difference between sub- section (2) and sub-section (3) of Section 27 - Held - If a person uses any prohibited arms or ammunition in contravention of Section 7, he shall be punished with imprisonment for a term of less than seven years which may extend to imprisonment for life and also with fine - But if the said use of arm prohibited under Section 7 results in the death of any other person he shall be punishable with death penalty.
The Arms Act,1959 - Section 27 (3) , Indian Penal Code,1860 - Section 204 , Section 203
Causing death by use of prohibited arm - Section 27(3) of Arms Act which provides imposing of mandatory death penalty to guilty struck down - This Section is unconstitutional being violative of Articles 14 and 21 of the Constitution of India - Held - Section 27(3) deprives the judiciary from discharging its Constitutional duties of judicial review whereby it has the power of using discretion in the sentencing procedure. 1980(2) SCC 684, relied.
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