Firing Gun Without Pointing At Anyone Does Not Constitute Attempt To Murder: Rajasthan High Court

The Rajasthan High Court has ruled that an incident of firing a gun for intimidating, without aiming at any individual does not qualify as attempted murder.

The Court made the observation while hearing an Appeal challenging the framing of attempt-to-murder charges against the appellant.

The Single-Bench of Justice Birendra Kumar noted that according to the FIR, unidentified miscreants demanded ransom from a businessman (the "target") and later fired shots at his shop with the intent to harm him.

The target was not present during the attack, and the bullets only shattered the shop's glass doors. The incident was reported to the police by the target’s employee (the informant).

Advocate Nishant Motsara appeared for the appellant, and Public Prosecutor (PP) Surendra Bishnoi appeared for the State. The appellant argued that attempted murder charges could not apply, as no individuals were directly targeted or injured.

The Single Judge noted, "Evidently, offence under SC/ST (Prevetnion of Atrocities) Act is not made out in the fact and circumstances of this case as neither ransom was demanded from a member of the SC/ST Community nor firing was made at any member of the SC/ST Community. Hence, offence under aforesaid Section is not attracted. As such, learned Trial Judge has framed charges in a mechanical manner without application of judicial mind."

The Court agreed, observing, "Offence under Section 307 IPC is not made out…because it is the prosecution case that firing was made at the shop and hit the glasses and the person who was intended to be assaulted with firearm injury was not there Firing was not made pointing to any other person, including the informant. Therefore, offence under Section 307/149 IPC is also not made out against the appellant.”

Consequently, the Court quashed the attempt-to-murder charges, instructing the lower court to review and modify the charges against the appellant. "Accordingly, the impugned judgment to the extent of framing of charges under Section 307/149 IPC and under the provisions of the SC/ST (Prevention of Atrocities) Act against the appellant stands hereby set aside. The trial may go before the competent court under Section 386 read with 149 IPC," the Court ordered. 

Cause Title: Jakir Kha @ Jakir Hussein v. State of Rajasthan & Anr. [Neutral Citation No. 2024:RJ-JD:42067]

Click here to read/download the Order