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6. Vide DD No. 8A (Ex PW17/A) dated 16.11.2014 at 9:45 AM an information was received that injured Raghu @ Raghvendra Singh has unfortunately got expired. Postmortem of the dead body was got conducted and section 302 IPC was invoked in the case. Statement of eye witness Amit Gupta was recorded and Section 337 IPC was altered to Section 336 IPC.

7. Accused Shashank Harshit Singh was arrested and was sent to judicial custody. Accused Robin was also arrested for the offence punishable under section 336 IPC but since the offence was bailable, accused Robin was released on bail.

38. Role of accused Robin: Accused Robin is charged for the offence punishable under Section 336 IPC. Section 336 IPC reads as under:

S.336 IPC: Act endangering life or personal safety of others.--Whoever does any act so rashly or negligently as to endanger human life or the personal safety of others, shall be punished with imprisonment of either description for a term which may extend to three months, or with fine which may extend to two hundred and fifty rupees, or with both. 
Judgment                                                   26 of 27
 SC No: 1556/16                            State Vs. Shashank Harshit Singh & Anr
46. To constitute an offence punishable under Section 336 IPC there must be a rash or negligent act to endanger a human life or the personal safety of others, but facts of the case indicates that 'act' of firing the bullet in question is not the direct and proximate cause of the 'omission' of keeping pistol on mattress by accused Robin as he was changing clothes and at the same time pistol was picked by Shashank. Nothing is attributed to accused Robin which signifies rashness or negligence on his part. Thus, charge for offence punishable under Section 336 IPC does not sustain against accused Robin.

Conclusion

47. In the light of above discussions, accused Shashank Harshit Singh is convicted for the offence punishable under Section 304-A IPC and accused Robin stands acquitted for the offence punishable U/s 336 IPC.

Matter be listed for hearing submissions on the quantum of sentence qua convict Shashank Harshit Singh.

Announced in the open court on 6 th December, 2023 Digitally signed by GAUTAM GAUTAM MANAN MANAN Date: