Shahid Ali vs. State of Uttar Pradesh [March 11, 2024]
Background
Shahid Ali was convicted by the Sessions Judge, Firozabad, for murder under Section 302 of the Indian Penal Code (IPC) and sentenced to life imprisonment, along with a conviction under Sections 25/27 of the Arms Act. The case stemmed from an incident on March 17, 2016, during a marriage ceremony, where Shahid Ali fired a weapon in celebration, resulting in the death of Ishfaq Ali. The conviction and sentence were upheld by the Allahabad High Court. Shahid Ali appealed to the Supreme Court, challenging the nature of his conviction, arguing that the act did not amount to murder but rather culpable homicide not amounting to murder.
Key Facts
The incident occurred during a crowded marriage ceremony.
The appellant fired a gun, resulting in a fatal injury to the deceased.
There was no evidence of prior enmity or intention to kill.
Eyewitnesses turned hostile, but the recovery of the weapon and cartridge from the appellant was established.
Supreme Court’s Analysis
The Supreme Court focused on whether Shahid Ali's act constituted murder or culpable homicide not amounting to murder. The Court observed:
There was no evidence of intention to kill or prior enmity between the accused and the deceased.
The act of celebratory firing, though reckless and dangerous, was not aimed at any particular individual.
The firing in a crowded place without taking safety precautions led to the unfortunate death, but the absence of intention to cause death was significant.
The Court remarked that celebratory firing is an unfortunate yet prevalent practice in India and highlighted the disastrous consequences of such acts. It held that while the act was grossly negligent, it did not meet the threshold for murder under Section 302 IPC. Instead, the Court found Shahid Ali guilty of culpable homicide within the meaning of Section 299 IPC, punishable under Section 304 Part II IPC.
Judgment
The Supreme Court partly allowed the appeal:
The conviction under Section 302 IPC was set aside and substituted with a conviction under Section 304 Part II IPC (culpable homicide not amounting to murder).
Considering that Shahid Ali had already served approximately eight years in custody, the Court ordered his release.
Significance
The judgment distinguishes between murder and culpable homicide in cases involving reckless celebratory firing.
It underscores the need for caution and legal consequences for negligent acts, even in the absence of intent to kill.
The decision serves as a warning against the dangers of celebratory firing at public events.
Citation:
Shahid Ali vs. State of Uttar Pradesh, Supreme Court of India, Criminal Appeal No. 1479 of 2024, decided on March 11, 2024.
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