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Judiciary

'Celebratory firing, an unfortunate yet prevalent practise,' SC holds man guilty of culpable homicide not amounting to murder [Read Judgment]

By Jhanak Singh      12 March, 2024 03:41 PM      0 Comments
Celebratory firing an unfortunate yet prevalent practise SC holds man guilty of culpable homicide not amounting to murder

NEW DELHI: The Supreme Court on Monday held a man guilty of culpable homicide not amounting to murder, saying the act of celebratory firing during marriage ceremonies is an unfortunate yet prevalent practise in our nation, which at times, resulted into disastrous consequences.

A bench of Justices Vikram Nath and Satish Chandra Sharma, however, set aside conviction of Shahid Ali in case of murder under Section 302 of the IPC, finding no previous enmity between the accused and the deceased.

The court held him guilty under Section 304 Part II of the IPC for culpable homicide not amounting to murder for firing during a marriage function that had resulted into death of Ishfaq Ali on March 17, 2016.

Also Read -  'No common intention to kill,' SC alters conviction from murder to culpable homicide not amounting to murder [Read Judgment]

The bench directed release of the appellant after sentencing him to the period of eight years of jail already served by him.

In the case, the court noted none of the prosecution witnesses supported the charge of previous enmity between the appellant and the deceased.

"There can be no qualm about the fact that the appellant opened fire in a crowded place i.e., a marriage ceremony without taking reasonable measures for safety, which led to the unfortunate demise of the deceased," the bench said.

The court said it was unable to accept the prosecutions version of events as relied upon by the trial court and confirmed by the Allahabad High Court in the absence of any evidence on record to suggest that either that the appellant aimed at or pointed at the large crowd whilst engaging in such celebratory firing.

Also Read -  Difference Between Homicide And Murder Under IPC, 1860

"The act of celebratory firing during marriage ceremonies is an unfortunate yet prevalent practise in our nation. The present case is a direct example of the disastrous consequences of such uncontrolled and unwarranted celebratory firing," the bench said.

The court noted it was undisputed the incident of firing took place amidst the marriage ceremony and a weapon along with cartridge was recovered from appellant and the deceased died on account of a single bullet injury.
 

[Read Judgment]



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