Recently, the Supreme Court voiced concern regarding the widespread occurrence of celebratory firing at wedding ceremonies, which frequently leads to tragic outcomes such as fatalities. This concern was highlighted as the Court handed down a conviction for culpable homicide not amounting to murder in connection with one such incident.

"The prevalent tradition of celebratory firing during marriage ceremonies in our country is regrettable. This case serves as a stark illustration of the dire repercussions stemming from such unchecked and unjustified celebratory gunfire," remarked a bench comprising Justices Vikram Nath and Satish Chandra Sharma.

However, the court modified the conviction of Shahid Ali from murder to culpable homicide not amounting to murder in relation to the incident of celebratory firing during a marriage function in Firozabad on March 17, 2016, resulting in the death of Ishfaq Ali.

The bench observed that the undisputed facts of the case indicate that the incident occurred during the marriage ceremony of Nizamuddin's daughter. Furthermore, the recovery of a weapon along with cartridge(s) from the appellant has been established before the Trial Court. It is also an undisputed fact that the deceased died from a single bullet injury, and there was no known prior enmity between the deceased and the appellant.

The court observed that the evidence on record indicates that all the eyewitnesses have turned hostile. Despite this, the trial court concluded based on the available evidence that the appellant was guilty of the offenses alleged under the FIR, leading to his conviction. Subsequently, the High Court upheld the trial court's decision.

"In the absence of any evidence on record to suggest that either that the appellant aimed at and / or pointed at the large crowd whilst engaging in such celebratory firing''

The court determined the appellant's guilt for the commission of 'culpable homicide' as defined under Section 299 of the Indian Penal Code, punishable under Section 304 Part II of the IPC, considering the entirety of circumstances in the case. Particularly noteworthy was the absence of prior enmity between the deceased and the appellant, and the lack of evidence indicating any intention on the part of the appellant to cause the death of the deceased, as discerned from the record.

The court overturned the appellant's conviction under Section 302 and instead found him guilty under Section 304, Part II of the IPC. As a result, he was sentenced to eight years' imprisonment, which he had already served.

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