SHAHID ALI vs. THE STATE OF UTTAR PRADESH.,2024 (SC) 222

Shahid Ali vs. The State of Uttar Pradesh: In-Depth Case Study (2024 SC 222)

FACTS-The facts of the case reveal that a FIR was lodged by PW1 - Gulab Ali i.e., the chowkidar of village KatenaSikeriya, District Firozabad, at Police Station Jasrana, by stating that on 17.03.2016, the marriage ceremony of the daughter of Nizamuddin was being celebrated. Pertinently (i) Ishfaq Ali (the “Deceased”); (ii) other co-accused person i.e., Shahid Ali; and (iii) other relatives were also invited to the said marriage. It was further stated in the FIR that on 17.03.2016 at about 3:30PM i.e., amidst the marriage ceremony, the Appellant shot at Ishfaq Ali which resulted in an injury on his neck and ultimately led to his demise on the spot itself. In the FIR, previous enmity between the Deceased and the accused came to be revealed. Furthermore, it was stated that a large number of person(s) saw the alleged incident as there were many people at the marriage ceremony. Accordingly, an FIR came to be registered as Crime Case No. 108 of 2016 under Section 302 IPC at PS Jasrana, District Firozabad.

ISSUE-ISSUE- Whether gun Firing During Marriage Ceremonies an genuine and reasonable Practise?

The Trial Court convicted the accused on the charge of murder. The High Court affirmed the same. When the matter came up before the Apex Court, notice was issued on a limited point of whether the accused is liable for culpable homicide as against murder.

OBSERVATION- The Top Court agreed that in the instant case, the accused did not take reasonable measures for safety. However, considering other circumstances, including the absence of intention and previous enmity, the Court reduced the appellant's conviction from murder to culpable homicide. Given that the appellant had already been in custody for eight years, the Court directed his release in the present case. Thus, the appeal was partly allowed.