Shahid Ali vs State Of Uttar Pradesh 2024 INSC 191 :: [2024] 3 S.C.R. 377 – Ss 302,304 IPC – Celebratory firing

Indian Penal Code, 1860; Section 302, 304 -Whether the Appellant’s act of engaging in celebratory firing during a marriage ceremony could be construed to be an act so imminently dangerous so as to, in all probability, cause death or such bodily injury as was likely to cause death? The act of celebratory firing during marriage ceremonies is an unfortunate yet prevalent practise in our nation. The present case is a direct example of the disastrous consequences of such uncontrolled and unwarranted celebratory firing. Be that as it may, in the absence of any evidence on record to suggest that either that the Appellant aimed at and / or pointed at the large crowd whilst engaging in such celebratory firing; or there existed any prior enmity between the Deceased and the Appellant, we find ourselves unable to accept the Prosecution’s version of events as were accepted by the Trial Court and confirmed by the High Court – Conviction modified to Section 304 Part II IPC.

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