In order to attract S 307, the prosecution has to prove, “whoever does any act, with the intention or knowledge, which may cause death and in furtherance to the said intention and knowledge, he was doing an act towards it” None claimed to have seen the appellant firing at police party when the police party went to apprehend accused. Further use of gun seized from the appellant also not proved along with live and empty cartridges- conviction not sustainable.

 

[Vasudev v. State of Madhya Pradesh, (2022) 4 SCC 735]

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