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Supreme Court of India 2024-03-11 partly_allowed

SHAHID ALI vs THE STATE OF UTTAR PRADESH

Bench: 2 — Vikram Nath, Satish Chandra Sharma

In Brief

Shahid Ali was convicted of murder under Section 302 IPC for firing a pistol during a marriage ceremony, killing Ishfaq Ali. The Supreme Court set aside the murder conviction and re-convicted him under Section 304 Part II IPC (culpable homicide not amounting to murder). The Court found no evidence of prior enmity or that the appellant aimed at the deceased. Since the appellant fired in a crowded place without reasonable safety measures, knowing such an act was likely to cause death but without intention to kill, he was guilty of culpable homicide. The Court reduced his sentence to the period already served (approximately 8 years).

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Criminal Law Culpable Homicide Murder Weapons Act Celebratory Firing Criminal Procedure Evidence

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