In this backdrop, the short question which falls for consideration is whether the Appellant's act of causing death of Smt. Anita and Khushal Singh tantamounts to offence of 'murder' as held by the trial court and the High Court or any lesser offence as urged by Shri Siddharth Luthra, learned senior Counsel for the Appellant. Sections 299 as well as 300, Indian Penal Code provide for situations in which death is caused by an act with the intention of causing death or such bodily injury which the offender knows is likely to cause death. Both Sections 299 and 300 deal with instances in which death is caused by an act with the intention of causing such bodily injury as the offender knows to be likely to cause death of the person to whom injury is inflicted. These provisions also deal with cases where there is no intention of either causing death or a bodily injury which is ordinarily sufficient to cause death. The absence of intention to cause death or bodily injury which is in the ordinary course of nature likely to cause death is, therefore, not conclusive. What is required to be seen is whether the act is one where the offender must be deemed to have had the knowledge that he was likely, by such act, to cause death.
The Appellant is, thus, guilty of an act, the likely consequences of which including causing fatal injuries to the persons being in a close circuit, are attributable to him. The offence committed by the Appellant, thus, would amount to 'culpable homicide' within the meaning of Section 299, though punishable Under Section 304 Part 2 of the Indian Penal Code.
17. 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.
Everybody, who carries a gun with live cartridges and even others know that firing a gun and that too in the presence of several people is an act, is likely to cause death, as indeed it did. Guns must be carried with a sense of responsibility and caution and are not meant to be used in such places like marriage ceremonies.
IN THE SUPREME COURT OF INDIA
Criminal Appeal No. 407 of 2020
Decided On: 18.03.2020
Bhagwan Singh Vs. State of Uttarakhand
Hon'ble Judges/Coram:
S.A. Bobde, C.J.I., B.R. Gavai and Surya Kant, JJ.
