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Criminal · Reportable judgment

Shahid Ali vs The State of Uttar Pradesh

Court
Supreme Court of India
Date
11 March 2024
Case No.
Criminal Appeal No. 1479 of 2024
Result
Partly allowed
Bench
Vikram Nath, Satish Chandra Sharma
Citation
[2024] 3 S.C.R. 377 : 2024 INSC 191
Acts & Sections
IPC Arms Act, 1959
Supreme Court Reports [2024] 3 S.C.R. 377 : 2024 INSC 191
Issue for consideration
In a celebratory firing during a marriage ceremony, the Appellant shot the deceased resulting in his demise. Whether the Appellant could be held guilty of the offence under Section 304 Part I or Part II of the IPC as against Section 302 IPC.
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 - PW1, 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]

Keywords: Celebratory firing · Hostile witnesses · No previous enmity · No intention

As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.

Full Judgment Text

Judgment Satish Chandra Sharma, J. 1. Leave granted. 2. The present appeal is arising out of a judgment of conviction and order dated 23.02.2018, passed by Sessons Judge, Firozabad in S.T. No. 290 of 2016 titled ‘State of U.P. v. Shahid Ali’ whereunder, the Appellant was convicted and sentenced to undergo (i) rigorous imprisonment for life with a fine of Rs. 10,000/- under Section 302 IPC and in default of payment of fine, to undergo six months rigorous imprisonment; and (ii) 5 years rigorous imprisonment under Sections 25/ 27 of the Arms Act, 1959 (the “Arms Act”) with fine of Rs. 5,000/-
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