Should firing a gun in the air at a wedding land one with an attempt-to-murder charge? The Gujarat High Court on Friday observed that such celebratory firing, without intent to cause injury, did not amount to serious criminal liability, as it quashed the charges under Section 307 of the Indian Penal Code (IPC) against six individuals.
Justice HD Suthar of the Gujarat HC was hearing a revision application filed by the six accused—Dilisinh Rathod, Paul Jon, Kishoresinh Rathod, Ajeetsinh Rathod, Krishaba Rathod and Ashoksinh Gohil—who were booked in a case of attempt to murder after a celebratory firing at a wedding in 2015. The plea sought the quashing and setting aside of an August 31, 2018, judgment and order of a lower court in Ahmedabad that dismissed an application seeking discharge in the case. The HC reinforced that intent and, not merely dangerous conduct, was needed to put an accused on trial.
The case stemmed from an FIR lodged on April 21, 2015, at the Shahibaug police station, alleging that the accused opened fire in the air at the wedding reception of the son of Kishoresinh in the Cantonment Hall in Ahmedabad on February 16, 2015. After the probe, the accused individuals were booked and charge-sheeted under Sections 307, 201, and 114 of the IPC, along with provisions of the Arms Act.
The HC, while considering the submissions of the applicants, said, “It transpires from the record that while rejecting the discharge application… the learned sessions judge (was) swayed away with the fact that the applicant No. 3 (Kishorsinh Rathod), who is a bootlegger and has criminal antecedents of prohibition case, opened fire in air and thereafter, many other persons had fired in the air at the marriage procession. It is needless to say that merely opening fire in the air in pursuance of customary process of (their) community without there being any intention to hurt anyone… this Court is of the considered opinion that the case under Section 307 of the IPC (for attempt to murder) is not made out…”
The HC drew a clear distinction between reckless conduct and intention to kill and stated in the judgement, “…and to makeout 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… the accused (Rathod) had an arms licence… and he opened fire in the air.”
Rejecting speculative reasoning, the court judgment further states: “… merely under anticipation that there was possibility to cause injury to anyone in case of misfire, is nothing but only presumption and assumption, which is also insufficient to put the accused on trial, there must be some legal evidence based on which the accused may be put on trial and without any intention, only to open fire in air without any intention to cause injury does not amount to attempt to murder…”
The court partly allowed the application, quashing and setting aside the charges under Section 307 of the IPC while upholding the offence under the provisions of the Arms Act as well as other IPC offences against the accused.
Aditi Raja is an Assistant Editor with The Indian Express, stationed in Vadodara, Gujarat, with over 20 years in the field. She has been reporting from the region of Central Gujarat and Narmada district for this newspaper since 2013, which establishes her as a highly Authoritative and Trustworthy source on regional politics, administration, and critical socio-economic and environmental issues.
Expertise:
Core Authority & Specialization: Her reporting is characterized by a comprehensive grasp of the complex factors shaping Central Gujarat, which comprises a vast tribal population, including:
Politics and Administration: In-depth analysis of dynamics within factions of political parties and how it affects the affairs in the region, visits of national leaders making prominent statements, and government policy decisions impacting the population on ground.
Crucial Regional Projects: She consistently reports on the socio-economic and political impact of infrastructure projects in the region, especially the Statue of Unity, the Sardar Sarovar Project on the Narmada River, the Mumbai-Ahmedabad High Speed Rail bullet train project as well as the National Highway infrastructure.
Social Justice and Human Rights: Her reporting offers deep coverage of sensitive human-interest topics, including gender, crime, and tribal issues. Her reports cover legal proceedings from various district courts as well as the Gujarat High Court (e.g., the Bilkis Bano case remission, POCSO court orders, Public Interest Litigations), the plight of tribal communities, and broader social conflicts (e.g., Kheda flogging case).
Local Impact & Disaster Reporting: Excels in documenting the immediate impact of events on communities, such as the political and civic fallout of the Vadodara floods, the subsequent public anger, and the long-delayed river redevelopment projects, Harni Boat Tragedy, Air India crash, bringing out a blend of stories from the investigations as well as human emotions.
Special Interest Beat: She tracks incidents concerning Non-Resident Gujaratis (NRIs) including crime and legal battles abroad, issues of illegal immigration and deportations, as well as social events connecting the local Gujarati experience to the global diaspora. ... Read More
