Mistaken shooting of concealed human for wild fowl during hunting is culpable homicide not murder per BNS Section 100 illustration (c); post-mortem body mutilation bailable under Section 238; gruesome nature yields to legislative bailability; bail granted.

The petitioner has filed the present petition for seeking regular bail in F.I.R. No.23/2025, dated 24.01.2025, registered at Police Station, Sadar Solan, District Solan for the commission of offences punishable under Sections 103 (1) and 238 read with Section 3(5) of Bhartiya Nyaya Sanhita, 2023 (BNS) and Sections 25 & 27 of the Arms Act. It has been asserted that, as per the prosecution, the deceased Som Dutt alias Sonu was found missing on 21.01.2025. The police registered the F.I.R. and investigated the matter. They found that Sonu, Bhutto (petitioner) and Ajay had gone to the forest carrying guns. Subsequently, Sonu’s dead body was found. The police arrested the petitioner on 24.01.2025. The police filed the charge-sheet on 20.04.2025 and supplementary charge-sheet on 01.06.2025. The petitioner is the only earning member of the family, and his family is facing hardship because of his detention. The petitioner was discharging his duties at the pump house located in the forest. The prosecution has cited thirty-eight witnesses, and their examination will take some time. No blood was detected on the petitioner’s clothes. No recovery was effected from him. The petitioner is being implicated based on the call details, which are insufficient to connect him with the commission of crime. The petitioner did not know the deceased, who was residing in a different village. The status report/charge-sheet also does not disclose any enmity between the parties. The petitioner would abide by the terms and conditions which the Court may impose. Hence, it was prayed that the present petition be allowed and the petitioner be released on bail.

2. The petition is opposed by filing a status report asserting that deceased Som Dutt alias Sonu had gone to the 'jungle' on 21.01.2025 with a gun of his neighbour Krishan Singh. He did not return. His phone was found to be switched off. The petitioner and another person were also seen going to the 'jungle' carrying a gun. The police registered the FIR and interrogated Bhutto and Sandeep Kumar alias Ajay Kumar alais Aju. Ajay Kumar disclosed a cave where the head of the dead body was severed, and the rest of the body was put on fire. Sandeep Kumar alias Ajay Kumar also produced one SBBL, which was seized by the police. He also got recovered a gun concealed in the cow dung. The place where the head was burnt and buried was also identified. A partially burnt dead body without the head was recovered by the police. As per the report, the cause of death was hemorrhage and shock secondary to ante-mortem multiple penetrating gunshot wounds to the chest and head region caused by a smooth weapon. Post- mortem decapitation of the head was also found. The quantity of alcohol in the blood of the deceased was found to be 85.82 mg %. The police recovered various other articles.

3. The investigation revealed that the petitioner is posted as a pump operator in a pump installed in the 'jungle'. He and Sandeep went to the 'jungle'. Sandeep had a gun. Som Dutt had also gone to the same 'jungle' earlier, armed with a gun. He had also consumed liquor. The petitioner and Sandeep were searching for a wild animal. Sandeep had concealed himself in the bushes. Petitioner and Sandeep mistook him for a wild fowl. Sandeep shot at the bushes where Som Dutt had hidden himself, and Som Dutt died. The petitioner and Sandeep took the dead body, severed its head with a 'darat' and burnt the body. They took the head to another place where it was burnt and buried. The gun residues