The Gujarat High Court at Ahmedabad has partly allowed a criminal revision application and quashed the charge of attempt to murder under Section 307 of the Indian Penal Code, 1860 against six accused persons who were alleged to have fired in the air during a marriage reception function. Justice Hasmukh D. Suthar, in his judgment dated 24 April 2026 delivered in R/Criminal Revision Application No.135 of 2019, set aside the order dated 31 August 2018 passed by the Principal Sessions Judge, Ahmedabad (Rural), dismissing the discharge application (Exh.5) filed under Section 227 CrPC in Sessions Case No.122 of 2017.
The FIR (II-CR No.3097 of 2015) was registered at Shahibaug Police Station on 21 April 2015. It alleged that during the reception held on 16 February 2015 at Cantonment Hall for the marriage of the son of one Kishoresinh Rathod (a listed bootlegger), the present applicants — Dilipsinh @ Dako Kishorsinh Rathod and five others — opened fire in the air using revolvers and pistols. The FIR invoked Sections 307, 201 and 114 IPC along with Sections 3 and 25(1)(B)(A) of the Arms Act. After investigation, a charge-sheet was filed and the case was committed to the Sessions Court.
The applicants moved an application under Section 227 CrPC seeking discharge, primarily contending that no offence under Section 307 IPC was made out as there was no intention to cause death or injury. The Sessions Court rejected the application, observing that Accused No.3 (Kishorsinh @ Langdo Lalsinh Rathod) had a criminal antecedent in a prohibition case and that firing in the air during the marriage procession raised a prima facie case under Section 307 IPC.
Justice Suthar, after hearing Mr. Divyang A. Joshi (for Mr. Kishan Prajapati) for the applicants and Mr. Rohan Raval, learned APP for the State, held that the Sessions Judge had erred in rejecting the discharge application. The Court observed:
“It is needless to say that merely opening fire in air in pursuance of customary process of Darbar community without there being any intention to hurt anyone, this Court is of considered opinion that case under Section 307 of the IPC is not made out… To make out a case under Section 307 of the IPC, injury is not required but intention is required to be established from the attending circumstances and if we consider the surrounding circumstances amongst others, the act on the part of accused is not enough to infer the intention.”
The High Court noted that the incident occurred during the marriage ceremony of the son of Accused No.3, who possessed a valid arms licence (No.7/202 issued from Mansa). The firing was in the air as part of the customary celebration and there was no allegation of any injury being caused to anyone. The Court emphasised that mere anticipation or possibility of injury in case of a misfire amounts to nothing more than “presumption and assumption” which is insufficient to put the accused on trial. There must be some legal evidence to establish the requisite intention to cause death or such injury as would fall under Section 307 IPC. In the absence of any such material, the act of firing in the air during a marriage procession did not amount to an attempt to murder.
The revision application was partly allowed. The impugned order of the Sessions Court was quashed and set aside only qua the offence under Section 307 IPC. The Court clarified that the charges under the provisions of the Arms Act as well as the other IPC offences (Sections 201 and 114) remain unaffected and the trial shall proceed on those counts. Rule was made absolute to the aforesaid extent. The interim relief granted earlier stood vacated and the record and proceedings were directed to be sent back to the trial court.
The judgment underscores that for an offence under Section 307 IPC, the existence of specific intention to cause death or grievous hurt capable of causing death is sine qua non and cannot be inferred merely from celebratory firing in the air during a wedding function in the absence of any material showing intent to harm.
Case Title: Dilipsinh @ Dako Kishorsinh Rathod & Ors. v. State of Gujarat
Case No.: R/Criminal Revision Application No.135 of 2019
Date of Judgment: 24 April 2026
Coram: Honourable Mr. Justice Hasmukh D. Suthar
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