Himachal Pradesh High Court Grants Bail in Gruesome Shooting Incident

Court Upholds Bailable Nature of Offense Despite Gruesome Postmortem Acts Under Bharatiya Nyaya Sanhita, 2023

News Report:  

In a significant decision, the Himachal Pradesh High Court has granted bail to Bhutto Ram, accused in a gruesome shooting incident that resulted in the death of Som Dutt alias Sonu. The case, which has captured public attention due to its grisly details, was adjudicated by Justice Rakesh Kainthla on September 19, 2025. The incident took place in the forests of Solan District, where Bhutto Ram and co-accused Sandeep Kumar, mistook the deceased for a wild fowl and shot at him.

The prosecution argued that the petitioner and co-accused committed murder under Section 103 of the Bharatiya Nyaya Sanhita, 2023. However, the court found that the absence of intent to kill a human being aligned the act more closely with Section 106, which is bailable. This decision hinges on the analogy to illustration (c) of Section 100 of the BNS, which exempts actions taken without the knowledge of another person's presence from being classified as murder.

Justice Kainthla also addressed the gruesome nature of the crime, where the body was decapitated and burned postmortem. The court acknowledged the legislative decision to categorize such acts under Section 238 of the BNS, making them bailable despite their brutal nature. The judge emphasized that the court must adhere to legist

Bottom Line:

Bail petition under the Bharatiya Nyaya Sanhita, 2023 (BNS) - Accused's act of shooting at bushes, mistaking a person for a wild fowl, does not constitute murder under Section 103 of BNS but falls under Section 106, which is bailable. Gruesome acts postmortem do not alter the bailable nature of the offense under Section 238 of BNS.

Bhutto Ram v. State of Himachal Pradesh, (Himachal Pradesh) : Law Finder Doc Id # 2781205