11 years after 4-year-old boy's death in celebratory firing, relative gets 7-yr jail
Mohali, Aug. 23 -- Eleven years after a four-year-old boy was killed in celebratory firing during a wedding procession in Mohali's Durali village, his 52-year-old relative was awarded seven years' rigorous imprisonment for culpable homicide not amounting to murder.
Additional sessions judge Vikrant Kumar also awarded the convict, Surjeet Singh, a resident of Motemajra, a Rs.20,000 fine under Section 304 (culpable homicide) along with six months' rigorous imprisonment under the Arms Act. Both sentences will run concurrently.
The court rejected the murder charge under Section 302 of the IPC, holding that while the prosecution proved Singh had fired the fatal shot, it failed to establish the intention required to convict him for murder.
The incident had taken place on February 15, 2015, when a wedding procession was passing through Durali village after prayers at a gurdwara.
During the procession, a gunshot was fired which struck the four-year-old boy in the chest. He was rushed to Sohana Hospital, where doctors declared him brought dead. Post-mortem examination concluded that the child had died of shock and haemorrhage caused by the bullet injury.
Police initially booked Singh for murder, alleging that he had fired his licensed .32-bore revolver. The weapon was seized during the investigation. But the murder charge did not survive the trial.
Three family members who were present at the wedding, including the child's father, did not support the prosecution's allegation that Singh had fired the shot. They were declared hostile. Singh also denied firing the shot.
The court, however, found that the prosecution had established through medical and forensic evidence that the fatal shot had been fired from Singh's revolver.
In an observation on the use of firearms during celebrations, the court said, "A licensed weapon can legally be fired only in strict self-defence to protect life or property from an immediate, grave threat, or during authorised sport, training, and target practice at a designated firing range."
The court further observed that firing at weddings, birthdays or religious festivals was illegal even when the person held a valid licence.
It also noted that discharging a firearm to scare people, show status or create panic in public areas could attract criminal action.
The court found that Singh had violated the conditions of his arms licence by firing during the procession and convicted him under Section 30 of the Arms Act.
Singh sought leniency, telling the court that he was 52, worked as a labourer and was the sole breadwinner of his family. The court rejected the plea, holding that there were no mitigating circumstances and that he did not deserve leniency....
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