Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Celebratory firing |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Arms Act, 1959 (54 of 1959) Indian Penal Code (45 of 1860) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Penal Code, 1860 – s. 302, 304 Part I, 304 Part II – Arms Act, 1959 – s.25, s.27 – Deceased shot with country-made pistol – Succumbed to death after bullet hit the deceased on his neck – FIR registered under s.302 along with s.25, 27 Arms Act - All Eyewitnesses turned hostile – Trial Court based on evidence arrived at the conclusion that Appellant guilty of the offence alleged under the FIR – High Court affirmed the judgment passed by the Trial Court – Held, sentence under s.302 set aside and Appellant convicted for offence under s.304 Part II IPC – Sentence under s.25 & 27 Arms Act sustained. Held: The Appellant shot the deceased at a marriage ceremony resulting in injury on his neck leading to his demise on the spot - FIR came to be registered under s. 302 IPC - The Appellant confessed to his guilt in his statement under s.161 CrPC - Another FIR registered under s.25 & 27 of the Arms Act, 1959 - PW-1, father of the deceased, supported the case of prosecution – All the eyewitnesses turned hostile and the Trial Court based on the evidence arrived at the conclusion that the Appellant was guilty of S.302 IPC – The High Court upheld the judgment of the Trial Court convicting the Appellant under s.302 IPC – Question to be determined whether the Appellant’s act of engaging in celebratory firing during a marriage ceremony could be construed to be an act so imminently dangerous to cause death or such bodily injury likely to cause death – Prevalent act of celebratory firing condemned – Totality of circumstances to be considered – No previous enmity – No intention attributed to the Appellant to cause death – Appellant not guilty of offence under s. 302 in the facts of the case – Appellant guilty of culpable homicide with the meaning of s. 299 IPC punishable under s.304 Part II IPC – Conviction under s.302 set aside, conviction under s. 25 & 27 Arms Act sustained [Paras 12-18] |
Judge | Hon'ble Mr. Justice Satish Chandra Sharma |
Neutral Citation | 2024 INSC 191 |
Petitioner | Shahid Ali |
Respondent | The State Of Uttar Pradesh |
SCR | [2024] 3 S.C.R. 377 |
Judgement Date | 2024-03-11 |
Case Number | 1479 |
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