Gunshot Enough to Establish Intention to Cause Death for Offence of Attempt to Murder

  1. Home
  2. /
  3. Publications
  4. /
  5. Case Snippets
  6. /
  7. Gunshot Enough to...

In State of Himachal Pradesh v. Shamsher Singh, 2025 INSC 503, the Hon’ble Supreme Court while dealing with a Criminal Appeal set aside the impugned order of the Hon’ble High Court and held that Section 307 (Attempt to Murder) would stand attracted when there is intention or knowledge to cause death, though the hurt may be simple or grievous in nature. The sole Accused, working as a constable in the army, being unsatisfied with the food served at the mess during his posting, decided to settle scores then and there by opening fire with his AK-47 upon other constables, causing them grievous hurt. The High Court had reversed the conviction of the Trial Court and acquitted the Accused U/s. 307 and S. 27 of Arms Act, 1959 and instead convicted him U/s. 326 for grievous hurt, observing that there was a lack of intention or knowledge to cause death on his part. The Hon’ble Supreme Court restored the judgment of the Trial Court, observing that the Sole Accused, being in the army was well aware that a gunshot from such a weapon, if it hits anyone, can certainly result in causing death.

Tags:

Let us help you!

If you need any help, please feel free to contact us. We will get back to you within one business day. Alternatively, if you're in a hurry, you can call us now

+91 9052538538
info@karavadi.in

Recent Case Snippets

Rohan Builders (India) Pvt. Ltd. Vs. Berger Paints India Ltd, 2024 INSC 686

2024 INSC 686 – Rohan Builders (India) Pvt. Ltd. vs. Berger Paints India Ltd.: In this judgment, the Supreme Court of India addressed whether an application for extending the time period for passing an arbitral award under Section 29A of the Arbitration and Conciliation Act, 1996, can be filed after the expiry of the stipulated... Read more » Read more »

Gattification Through Appellate Paralysis: Wto’s Dispute Settlement Crisis And Pathways Forward

The World Trade Organization (WTO), established in 1995, replaced the General Agreement on Tariffs and Trade (GATT), which began in 1947. GATT set early rules for international trade but functioned mainly as a diplomatic arrangement, lacking strong enforcement mechanisms. The WTO carried forward GATT’s principles... Read more »

High Court Can’t Become Guardian of Limitation Without Pleadings : Limitation Must Be Pleaded, Not Presumed

In Jai Ram Vs. Som Prakash & Anr. etc., 2025 INSC 227, the Hon’ble Supreme Court chided the High Court for setting-aside a reasoned order of the District Court on the ground of limitation when the issue of limitation was never pleaded, raised or evidence for the same led before the District Court. The underlying... Read more » Read more »

Disclaimer

The Rules and Regulations set forth by the Bar Council of India under Advocates Act, 1961 prohibit Advocates or Law Firms from advertising or soliciting work through public domain communications. This website is intended solely to provide information. Karavadi & Associates (“K&A”) does not aim to advertise or solicit clients through this platform. K & A disclaim any responsibility for decisions made by readers/visitors based solely on the content of this website.

By clicking 'AGREE,' readers/visitors agree and acknowledge that the information provided herein (a) does not constitute advertising or solicitation, and (b) is intended solely for their understanding of K & A services. By continuing to use this site, you consent to the use of cookies on your device as outlined in our Cookie Policy.