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Supreme Court of India 2020-03-18 partly_allowed

BHAGWAN SINGH vs THE STATE OF UTTARAKHAND

Bench: 3 — S.A. Bobde, B.R. Gavai, Surya Kant

In Brief

During his son's wedding in April 2007, Bhagwan Singh fired a licensed gun towards the roof in celebration, causing five pellet injuries and two deaths. The trial court convicted him of murder (Section 302) and attempted murder (Section 307). The Supreme Court held that absent a proven intention to kill, but with knowledge that firing a loaded gun in a crowded place is likely to cause death, the offence constitutes culpable homicide not amounting to murder (Section 304 Part-2) and attempt thereof (Section 308). The conviction was modified accordingly, and life imprisonment was reduced to 10 years' rigorous imprisonment.

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Criminal Law Penal Code Homicide Murder Firearm Offences Intentions and Knowledge

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