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The Supreme Court has on March 11, 2024 expressed concern over practise of celebratory firing during the marriage functions which often resulted in disastrous consequences, including deaths, as it convicted a man for culpable homicide not amounting to murder for one such incident.

"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," a bench of Justices Vikram Nath and Satish Chandra Sharma said.

The court, however, converted conviction of a man, Shahid Ali from murder to culpable homicide not amounting to murder in the incident of celebratory firing during a marriage function in Firozabad on March 17, 2016 which caused death of Ishfaq Ali.

"There can be no qualm about the fact that the appellant opened fire in a crowded place i.e., a marriage ceremony without taking reasonable measures for safety, which led to the unfortunate demise of the deceased," the bench said.

The bench noted the undisputed facts of the case revealed that the incident took place amidst the marriage ceremony of Nizamuddin’s daughter. Thereafter, the recovery of a weapon along with cartridge(s) from appellant has been proved before the Trial Court. It is also undisputed fact that the deceased died on account of a single bullet injury; and that there was no known prior enmity between the deceased and appellant. 

The court noted the evidence on record reveals that all the eyewitnesses have turned hostile and the trial court on the basis of the evidence has arrived at the conclusion that the appellant was guilty of the offences alleged under the FIR; and accordingly proceeded to convict the appellant. Subsequently, the High Court affirmed the order passed by the trial court. 

"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," the bench said.

The court held the appellant guilty of commission of ‘culpable homicide’ within the meaning of Section 299 IPC i e, punishable under Section 304 Part II of the IPC in view the totality of circumstances of the case i.e., especially the fact that there was no previous enmity between the Deceased; and no intention may be attributed to the appellant as may be culled out from the record to cause death of the deceased.

The court set aside conviction of the appellant under Section 302 and held him guilty under Section 304 Part II of the IPC and sentenced him to the period of eight years jail already undergone by him.