Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1872 EVIDENCE ACT |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | EVIDENCE ACT, 1872:s.105 - Burden to prove the case of self-defence - Held: Is on the person who sets up the plea - To claim a right of private defence extending to voluntarily causing of death, accused must show that there were circumstances giving rise to reasonable grounds for apprehending that either death or grievous hurt would be caused to him - In the instant case plea of right of private defence is without any substance - Trial court and High Court relying on injured eye witnesses, rightly convicted the accused - Penal Code, 1860 - Ss.96, 97 and E 100; ss.302 and 326. The accused-appellants and the complainant party belonged to the same village. A quarrel took place - between the complainant (PW5) and A-1 with regard to the jail hedges overgrown by the side of the compound of A-1 which were obstructing the path of the villagers. When ' PW5 asked A-1 to get the overgrown hedges cut, the latter was stated to have abused the former. On the following day when 'M', the younger brother of PW-5 reached the village and the family members told him about the misbehaviour of A-1, he followed by PW5, PWs 18-20, PW24'and PW26, went to the hotel of A-1 and questioned him about his behaviour with PW5. On this A-1 brought a crow bar from inside the hotel and hit with it on the head of PW-5. Sons of A-1, namely, A-2 and A-3 brought a stick and an iron rod respectively. A-3 hit 'B' the elder brother of PW5. A-1 further gave a crow-bar blow to PW18 and A-2 hit her with the stick. Meanwhile other persons reached the place and saved the victims. 'M' and 'B' were taken for treatment. 'M' was declared brought dead. 'B' died later. The trial court did not believe the case of the accused regarding private defence and convicted and sentenced them u/s 302 IPC. A-1 was also convicted and sentenced u/s 326 IPC. The High Court affirmed the conviction. In the instant appeal, filed on behalf of the accused, it was contended for the appellants that this was a case where the right of private defence was clearly applicable and the prosecution version was not believable and, therefore, they were not liable to be convicted. |
Judge | Hon'ble Dr. Justice Arijit Pasayat |
Neutral Citation | 2009 INSC 435 |
Petitioner | Hanumantappa Bhimappa Dalavai & Anr |
Respondent | State Of Karnataka |
SCR | [2009] 5 S.C.R. 286 |
Judgement Date | 2009-03-31 |
Case Number | 672 |
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