LexSHAHID ALI versus THE STATE OF UTTAR PRADESH
Open in Lexace · Ask the AI about this caseJudgment (excerpt)
* Author [2024] 3 S.C.R. 377 : 2024 INSC 191 Shahid Ali v. The State of Uttar Pradesh (Criminal Appeal No. 1479 of 2024) 11 March 2024 [Vikram Nath and Satish Chandra Sharma,* JJ.] 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. Headnotes 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 378 [2024] 3 S.C.R. Digital Supreme Court Reports 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] List of Acts Penal Code, 1860; Arms Act, 1959 List of Keywords Celebratory firing; Hostile witnesses; No previous enmity; No intention. Case Arising From CRIMINAL APPELLATE JURISDICTION : Criminal Appeal No.1479 of 2024 From the Judgment and Order dated 04.04.2019 of the High Court of Judicature at Allahabad in CRLA No.1462 of 2018 Appearances for Parties Sanjay Kumar Dubey, Shuchi Singh, Rakesh Kumar Tewari, Mr./ Ms. Krishna Kant Dubey, Vivek Kumar Pandey, Ujjawal Kr. Dubey, Aman, Advs. for the Appellant. Ardhendumauli Kumar Prasad, Sr. A.A.G., Vishnu Shankar Jain, Aayush Mishra, Advs. for the Respondent. Judgment / Order of the Supreme Court 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 [2024] 3 S.C.R. 379 Shahid Ali v. The State of Uttar Pradesh 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/- and in default of payment of fine, to undergo rigorous imprisonment for three months. 3. The judgment of conviction and sentence was unsuccessfully assailed by the appellant before the High Court of Judicature at Allahabad (the “High Court”) vide Criminal Appeal No. 1462 of 2018, titled ‘Shahid Ali v. State of U.P.’ which came to be dismissed by the High Court vide an order dated 04.04.2019 (the “Impugned Order”). 4. On 03.12.2021, this Court issued notice limited to the question of nature of offence, that is, as to 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. 5. The facts of the case reveal that an FIR was lodged b
Excerpt shown. Read the full judgment & AI analysis in Lexace.