Firing In Air During Wedding Without Intention To Cause Injury Not Enough To Constitute Attempt To Murder Charge: Gujarat High Court

The Gujarat High Court has held that merely firing in air during a wedding function without any intention to cause injury to anyone is not enough to constitute charge of attempt to murder under Section 307 IPC. In doing so the court quashed charge of attempt to murder against six persons who were booked for firing in the air during a wedding function, noting that there was no intention on the part of the accused to cause any injury to anyone and the surrounding circumstances in the case did not infer such intention. The petitioners had moved the high court challenging trial court order which rejected their discharge application. Justice Hasmukh D Suthar in his order noted that the sessions court had rejected the discharge application on noting that applicant (accused) No.3 – Kishorsinh @ Langdo Lalsinh Rathod who had criminal antecedents in a prohibition case, had "opened fire in air and thereafter, many other persons" had fired in the air during the marriage procession. "It is needless to say that merely opening fire in air in pursuance of customary process of Darbar community without there being any intention to hurt anyone, this Court is of considered opinion that case under Section 307 of the IPC is not made out and to make out a case under Section 307 of the IPC, injury is not required but intention is required to be established from the attending circumstances and if we consider the surrounding circumstances amongst others, the act on the part of accused is not enough to infer the intention.If the allegations are considered, it appears that on 13.02.2015, marriage ceremony of the son of accused No.3 was scheduled and at that time, the accused No.3 was having Arms License No.7/202 issued from Mansa and he opened fire in air. In this regard the offence was registered. Hence, considering the fact that it was marriage procession and without intention to cause injury to anyone, no offence is made out under Section 307 of the IPC," the court said. The court held that the mere anticipation that there was a "possibility to cause injury to anyone in case of misfire" is nothing but only a "presumption and assumption" which insufficient to put the accused on trial, there must be some legal evidence based on which the accused may be put on trial. It further added that only to open fire in air without any intention to cause injury does not amount to attempt to murder.It was alleged that the during a marriage function, the petitioners had open fired in the air using revolver and pistol. FIR was lodged under Sections 307(attempt to murder), 201(Causing disappearance of evidence of offence, or giving false information to screen offender) and 114(Abettor present when offence is committed) IPC and provisions of the Arms Act. It was argued that the offence under Section 307 was not made out and that one of the petitioners'–accused No.3 had an arms license and hence Arms Act was not applicable.The court set aside the charge under Section 307 and clarified that other IPC offences and those under Arms Act remain. The plea was partly allowed. Case title: DILIPSINH @ DAKO KISHORSINH RATHOD & ORS. v/s STATE OF GUJARATR/CRIMINAL REVISION APPLICATION (AGAINST ORDER PASSED BY SUBORDINATE COURT) NO. 135 of 2019Click Here To Read/Download Order

Firing In Air During Wedding Without Intention To Cause Injury Not Enough To Constitute Attempt To Murder Charge: Gujarat High Court

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