Sukhdev Singh vs Delhi State (Govt. Of Nct Of Delhi) on 1 September, 2003
Cases 518)
As was observed by this Court in Atmendra vs. State of Karnataka
(1998 (4) SCC 256), to claim the benefit of the provisions of Section
80, it has to be shown (1) that the act in question was without any
criminal intention or knowledge; (2) that the act was being done in
lawful manner and by lawful means; (3) that the act was being done with
proper care and caution. In the said case it was observed that the
evidence established that the accused unintentionally fired the gun
and, therefore, the question of applying Section 80 did not arise.