Suraj Ahluwalia v. State of Punjab
Case brief
What is this about?
This judgment appeals against convictions for murder and illegal use of arms. The court rejected claims that a change in motive or the failure to recover bullet casings (due to the weapon being a revolver) vitiated the case. It distinguished the conviction for murder from attempt to murder for co-accused. Crucially, the court held Section 27(3) of the Arms Act unconstitutional for imposing a mandatory death penalty and set aside the death sentence imposed on one appellant, while upholding his conviction for murder under IPC. The other appellant was convicted of attempt to murder and sentenced to ten years.
What did the court decide?
Death sentence under Section 27(3) of the Arms Act set aside as unconstitutional; conviction for murder upheld for one appellant with sentence modified to life imprisonment; convict for attempt to murder sentenced to 10 years under IPC.