The Arms Act, 1959
27. Punishment for using arms, etc.-
[ Note: Subs. by Act 42 of 1988, s. 6 (w.e.f. 27-5-1988) ] (1) Whoever uses any arms or ammunition in contravention of section 5 shall be punishable with imprisonment for a term which shall not be less than three years but which may extend to seven years and shall also be liable to fine.
(2) Whoever uses any prohibited arms or prohibited ammunition in contravention of section 7 shall be punishable with imprisonment for a term which shall not be less than seven years but which may extend to imprisonment for life and shall also be liable to fine.
(3) [Whoever uses any prohibited arms or prohibited 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 with death.]
When the lower Courts have been convinced ‘beyond reasonable doubt’ by the PW’s statement that the deceased died because of being fired upon by the accused, the conviction by such Courts is not bad in law and the reliance on PW need not be proved again [Hare Krishna Singh & Ors. v. State of Bihar; AIR 1988 SC 863].