2020 Supreme(SC) 273

SUPREME COURT OF INDIA
S.A. BOBDE, CJI., B.R. GAVAI, SURYA KANT, JJ.
Bhagwan Singh – Appellants
Versus
State of Uttarakhand – Respondents
Criminal Appeal No. 407 of 2020 [Arising out of Special Leave Petition(Crl.)No. 656 OF 2018]
Decided on : 18-03-2020

IMPORTANT POINTS
(1) A gun licensed for self-protection or safety and security of crops and cattle cannot be fired in celebratory events, it being a potential cause of fatal accidents.
(2) Appellant cannot escape consequences of carrying gun with live cartridges with knowledge that firing at a marriage ceremony with people present there was imminently dangerous and was likely to cause death.

Headnote:

Indian Penal Code, 1860 – Sections 302 and 307 – Murder and attempt to murder – Conviction and sentence – Incident occurred due to celebratory gunshots fired in a marriage procession – Shots were fired towards roof and not aiming at any of victims – It may be difficult to accept that appellant had any intention to kill victims – Equally unfounded is defence plea taken by appellant that he was only holding licensed gun and a ball thrown by children who were playing with it, struck the gun causing accidental firing – Version of eye-witnesses completely belies such a defence story – Otherwise also, it does not appeal to common sense that a ball would strike gun in appellant’s hand resulting in an undesigned firing – It was an unfortunate case of misfiring – Appellant cannot absolve himself of conclusion that he carried a loaded gun at a crowded place where his own guests had gathered to attend marriage ceremony – He did not take any reasonable safety measure like to fire shot in air or towards sky, rather he invited full risk and aimed gun towards roof and fired shot – He was expected to know that pellets could cause multiple gunshot injuries to nearby persons even if a single shot was fired – Appellant is guilty of an act likely consequences of which including causing fatal injuries to persons being in a close circuit, are attributable to him – Offence committed by appellant would amount to ‘culpable homicide’ within meaning of Section 299, though punishable under Section 304 Part II of IPC – Incidents of celebratory firing are regretfully rising, for they are seen as a status symbol – A gun licensed for self-protection or safety and security of crops and cattle cannot be fired in celebratory events, it being a potential cause of fatal accidents – Such like misuse of fire arms convert a happy event to a pall of gloom – Appellant cannot escape consequences of carrying gun with live cartridges with knowledge that firing at a marriage ceremony with people present there was imminently dangerous and was likely to cause death – On same analogy, appellant is liable to be punished for ‘attempt to commit culpable homicide’ not amounting to murder under Section 308, in place of Section 307 of IPC for injuries caused to other three victims – Sentence of life imprisonment awarded to appellant for committing offence under Section 302 IPC, is reduced to 10 years’ rigorous imprisonment and sentence awarded to him under Section 307, IPC is substituted with Section 308 IPC, without any alteration in fine imposed by trial court. (Paras 12, 13, 16, 17, 19 and 20)

Facts of the Case:

Present Criminal Appeal is directed against the judgment dated 26th July, 2017 passed by the High Court of Uttarakhand whereby the appellant’s criminal appeal against the judgment and order dated 11th/12th July, 2013 rendered by Learned Sessions Judge, Bageshwar convicting the appellant under Sections 302 and 307 of Indian Penal Code and sentencing him to undergo life imprisonment (under Section 302, IPC) and 5 years’ rigorous imprisonment (under Section 307, IPC) along with a fine of Rs. 20,000/- in default whereof he was directed to undergo 6 months’ additional rigorous imprisonment, was dismissed. The appellant was, however, acquitted for offence punishable under Section 25 of Arms Act for want of the requisite sanction.

Findings of the Court:

Incidents of celebratory firing are regretfully rising, for they are seen as a status symbol. A gun licensed for self-protection or safety and security of crops and cattle cannot be fired in celebratory events, it being a potential cause of fatal accidents. Such like misuse of fire arms convert a happy event to a pall of gloom. Appellant cannot escape the consequences of carrying the gun with live cartridges with the knowledge that firing at a marriage ceremony with people present there was imminently dangerous and was likely to cause death.

Result : Appeal allowed in part.