PANAJI
The High Court of Bombay at Goa has partly allowed a revision application filed by 34-year-old Abhijeet Desai, quashing charges of culpable homicide and destruction of evidence in the accidental death of his cousin during a hunting trip.
As per the original complaint filed by Balasaheb Desai, deceased nephew Hemant Desai had gone hunting with Abhijeet. Hemant had reportedly arranged an illegal firearm and climbed a jamun tree to wait for wild animals. While on the tree, the weapon accidentally discharged, causing fatal injuries to Hemant's chest.
The Valpoi Police originally registered an FIR under the Bharatiya Nyaya Sanhita (BNS) and the Arms Act. The Trial Court, Merces subsequently framed charges against Abhijeet for culpable homicide not amounting to murder, destruction of evidence and the Arms Act.
The High Court Bench of Justice Ashish Chavan observed that the essential ingredients for culpable homicide -- namely intention or knowledge -- were conspicuously absent. The Court also noted that even the Public Prosecutor had admitted that Section 105 did not apply to the facts of the case.
Regarding the charge of destroying evidence, which the lower court applied because the body had been moved, Justice Chavan ruled that the act of rushing a critically injured person for medical treatment cannot be misconstrued as an attempt to screen an offender.
While the High Court quashed the BNS charges, it maintained the charges under Sections 3 and 27 of the Arms Act. The Court held that issues regarding the ownership, procurement, and use of the illegal firearm are "triable issues" that must be determined through a full trial.
