Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Strained relations between deceased and respondent |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Indian Penal Code (45 of 1860) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Indian Penal Code, 1860-s. 79 or 304 Part II-Strained relations between deceased and respondent-Lathi blow inflicted with full force on deceased's head causing his death-Respondent claiming to have acted in private defence of his property believing the deceased to be a thief-Incident took place near the house of Respondent--Whether right of private defence available-Mistake of fact and good faith not established-Whether s. 79 attracted or conviction under s. 304 Part II justified. Words and Phrases: 'Mistake of fact' and 'good faith'- Meaningof. On the date of incident when the deceased was returning from the house of PW 2 after reciting Bhagbat, where some other villagers including the respondent were also present, and reached near the house of the respondent he was assaulted by the respondent. On hearing a hue and cry several villagers including PWs. 2, 3, 4 and 5 ran to the place and saw the deceased lying on the ground in a pool of blood with a head injury. The respondent along with his mother and wife were tending the deceased and wiping out blood. The deceased told the villagers that the respondent had assaulted him. The respondent stated that during the day time his bell-metal utensils had been stolen and he was keeping a watch for the thief, he saw a person coming inside his premises and thinking him to be a thief he dealt a lathi blow but subsequently discovered that it was the deceased. The deceased also told his wife that he had been assaulted by the respondent. On the basis of the evidence on record the trial court convicted and sentenced the respondent under s. 304 Part II of the IPC. On appeal the High Court accepted the defence plea and held that the respondent had not committed any offence and was protected under s. 79 of the IPC and acquitted him. |
Judge | Hon'ble Mr. Justice A.P. Sen |
Neutral Citation | 1987 INSC 93 |
Petitioner | State Of Orissa |
Respondent | Bhagaban Barik |
SCR | [1987] 2 S.C.R. 785 |
Judgement Date | 1987-04-02 |
Case Number | 405 |
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