State Nct Of Delhi vs Surender Kumar Jain on 10 March, 2014
In the statement under Section 281 Cr.P.C by the accused,
it has not been disputed by the accused that while unloading his gun,
the same went off and he was injured and the defence of the accused
is that he has taken all due care and was not rash and negligent and
he was inside his room in his house and no one else was there. But
even if we consider the statement of the accused as true then also it
is quite clear that due to the said act, the accused got injured by gun
shot injury in his leg and therefore, his said act was of such a nature
so as to endanger the human life and as far as rash and negligence is
concerned, the act i.e the accidental fire, itself shows that the
accused acted in a rash and negligent manner with his revolver due to
which it fired accidentally and it is not the defence of the accused
that the revolver has fired due to some mechanical default in the
same and in the examination of PW5 i.e., V.R.Anand, Assistt. Director
(Ballistic) FSL Rohini, it was stated by him that the revolver was in
working condition and test fires were conducted successfully and it
further corroborates that the revolver was in working condition and
therefore, it becomes clear that the accused was rash and negligent
State Vs. Surender Kumar
FIR No.200/16 7/8
while unloading the same due to which it got fired accidentally and
injured the accused himself and it could have also injured any other
person if anybody was present near the place of the incident.