Mere firing in air during marriage without intent to harm doesn't constitute attempt to murder: Gujarat HC

Gujarat High Court has ruled that merely opening fire in air during marriage in pursuance of customary process of community without there, without the intent to cause harm, does not constitute an "attempt to murder" under Section 307 of the Indian Penal Code (IPC). 

The single bench of Gujarat High Court has partly allowed  a revision application filed by Dilipsinh  Rathod and five others.

The legal battle originated from an FIR filed at the Shahibaug Police Station in April 2015. It was alleged that during the wedding reception of the son of Kishoresinh Rathod—described as a listed bootlegger—on February 16, 2015, the applicant fired weapons into the air. Following an investigation, the police filed a charge-sheet including sections for attempt to murder (IPC 307) and violations of the Arms Act.

The applicants had previously approached the Principal Sessions Judge, Ahmedabad (Rural), seeking discharge from these charges. However, the lower court dismissed their application in August 2018, prompting the current revision before the High Court.

To sustain a charge under Section 307 of the IPC, injury is not required but intention is required to be established from the 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 bench clarified that the mere possibility of injury due to a "misfire" is a presumption and insufficient to put an accused on trial for murder.

The high court set aside the lower court’s order specifically regarding the IPC Section 307 charge. While the "attempt to murder" charge was quashed, the court made it clear that the trial will proceed regarding the alleged Arms Act violations and other allied IPC offences.