II. THAT THE ACCUSED MR. AJAY AND MR. NAMAN CAN BE HELD LIABLE UNDER SEC.

27 OF THE ARMS
ACT, which states that the punishment for using arms .Further, sub-section (2) states the punishment for
using Prohibited Arms and Ammunition in contravention of Section 7 that prohibits acquisition or
possession, or of manufacture or sale, of prohibited arms or prohibited ammunition and sub section (3)
provides for the consequences in case someone causes the death of another person while using
Prohibited Arms. In this particular case the facts are silent as to whether the two accused had a license
for the guns or not. Arguendo, even if it is proved that they had a license for their arms, which they did
not then they will still be liable for their actions. Further the gun used, is a prohibited weapon, as per
Schedule I of the Indian Arms Rules, 1962.

Section 5 of the Arms Act broadly outlines the licensing rules for Arms - License for manufacture, sale,
etc., of arms and ammunition. Hereinafter referred to as the Arms Act. The accused have used
prohibited arms. It is contended that the accused have used prohibited arms to cause the death of the
deceased, as the gun used by them can be categorized as a prohibited arm under the Arms Act, 1959
read with Arms Rules, 1962. II.1.A.

It is now clear that both the accused are punishable by death, since they have used prohibited arm’s,
which has subsequently caused the death of a person. II.2. Arguendo, the accused have used arms in
contravention of Section 71, Arms Act, 1959. The facts clearly state that the accused did not have the
required license for the arms seized from them

Therefore this ensures that the accused are liable under, (2 ince it has already been conclusively proven
that the 7.62mm is a Prohibited Arm, the accused stand liable under Sub-section) and (3) of Section 27
of the Arms Act, 1959. 55Explanation clause - “Government Ammunition” means ammunition
manufactured in any Government factory or prepared for and supplied to Government other than such
ammunition that may be released by Government for civilian use. 56Indian Ordinance Factories Board ,
That the use of prohibited weapons caused the death of Mr. Tom and Mr. Jerry. According to the post
mortem reports, the bullet hit the body of Mr. Nitin, Section 27(3) clearly lays down that Whoever uses
any prohibited arms or ammunition or does any act in contravention of section 7 and such use or act
results in the death of any other person, shall be punishable by death.

1
Prohibition of acquisition or possession of prohibited arms and ammunition