Firing in Air at Wedding Without Intent to Harm Does Not Amount to Attempt to Murder: Gujarat High Court

The Gujarat High Court held that merely firing in the air during a wedding celebration, without any intention to cause injury, does not amount to attempt to murder under Section 307 IPC.

Quashing the charge against six accused persons, the Court observed that intention to cause harm is a necessary ingredient for invoking attempt to murder provisions.

It noted that the firing took place during a marriage procession as part of a customary practice and no material indicated any intention to injure anyone.

The Court further held that mere anticipation of possible harm due to misfire is based on presumption and cannot substitute proof of criminal intent.