Aimless Firing Not Made Pointing To Any Person Is Not Attempt To Murder: Rajasthan High Court

Rajasthan High Court has ruled that aimless firing done at a shop with an intention to assault a particular person did not amount to attempt to murder when the intended target was not present at the place of the firing.

The bench of Justice Birendra Kumar was hearing an appeal against framing of charges against the appellant for attempt to murder.

As per the FIR, some unknown miscreants had demanded ransom from a businessman (“target”). Subsequently, on a particular day, three unknown miscreants came on a bike and with an intention to kill the target, started firing at his shop and fled away. The target was not present inside the shop and the bullets only hit the glasses of the gate.

This information was provided by the target's employee (“informant”) to the police who registered an FIR.

It was the case of the appellant that offence for attempt to murder was not attracted since there was no allegation of firing towards any individual. It was argued that the intention was to cause injury to the target but since he was not present there at the time of incident, no offence for attempt to murder was made out.

Aligning with the arguments put forth by the counsel for the appellant, the Court observed that,

“Offence under Section 307 IPC is not made out in the facts and circumstances of this case 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.”

Accordingly, the Court set aside the charges for attempt to murder against the appellant and directed the competent court to re-read the charge against the appellant.

Title: Jakir Khan v State of Rajasthan & Anr.

Citation: 2024 LiveLaw (Raj) 328

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