Evidence Act, 1872
Section 6—Rule of res gestae—Relevancy of statement of accused made in context of criminal act—Statement of an accused to which Section 6 of the Evidence Act is applicable cannot be treated as a confession of guilt—Statement becomes relevant which can be read in evidence as it shows the conduct of the appellant immediately after the incident.
[Para 18]
Indian Penal Code, 1860
Sections 302 & 304A—Murder—Plea of accidental firing—Case of prosecution that the appellant intentionally opened fire by aiming at the deceased was not put to him while recording statement under Section 313 of CrPC—Statements made in context of criminal act are relevant for invoking the doctrine of res gestae incorporated in Section 6 of the Evidence Act—Version of two witnesses who have deposed about appellant making such statement does not inspire confidence—Theory of prosecution that appellant fired intentionally has not been established—Prosecution has failed to prove that appellant had either any intention of causing the death of deceased or the intention of causing such bodily injury to deceased which was likely to cause his death—It is a case of culpable homicide as defined under S. 299 of IPC as the existence of none of three ingredients incorporated therein was proved by prosecution—Failure on part of appellant who was holding a sophisticated automatic weapon to ensure that change lever was always kept in a safety position—Gross negligence on part of appellant which led to a loss of human life—Due to his rash and negligent act, the deceased lost his life—Appellant held guilty of a lesser offence punishable under Section 304A of IPC for which maximum sentence is imprisonment for two years—Conviction of appellant under Section 302 of IPC altered to one under Section 304A of IPC—Appellant has undergone maximum sentence prescribed for the said offence, hence, his detention in prison is no long required—Appeal allowed in part.
[Paras 19 to 21]