NDLI: Pammi @brijendra Singh Vs. Govt. of Madhya Pradesh

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Indian Penal Code Criminal Procedure Code 1860: Sec. 97 1973: Sec. 154 Indian Evidence Act 1872 : Sec. 9
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Code of Criminal Procedure, 1973 (2 of 1974) Indian Evidence Act, 1872 (1 of 1872) Indian Penal Code (45 of 1860)
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Dismissed
Headnote	Indian Penal Code, 1860: Sec. 97-Right of Private Defence-Appellant along with other accused went armed to settle accounts-Three deceased came to the place of occurrence and tried to pacify-Led to an altercation-Appellant and other accused shot at the deceased persons resulting in their death-Held-No right to private defence can be claimed against an act of self defence. Criminal Procedure Code, 1973: Sec. 154-First Information Report lodged soon after the occurrence-Names of all the eye witnesses not mentioned in the report-The eye witnesses cross examined rigorously-Nothing found to doubt their presence at the time of occurrence-No ground to .frown at the evidence of such eye witnessesIndian Evidence Act, 1872 : Sec. 9-Test Identification Parade-Appellant seen by the eye witnesses at the time of occurrence-Not for the first time-Appellant already known to them-_Names of assailants including that of the appellant given in the first information statement-Held-No warrant for reasoning that failure to hold test identification parade had vitiated the evidence of such eye witnesses. One SS and PW-5 who partners in a liquor business had to settle accounts between them, which led to severe antagonism. On the night of occurrence, SS and his henchmen including appellant and one TS went to the house of PW-5 and, at pistol point, asked him to settle accounts. The three victims also reached the place of occurrence and tried to pacify them, which led to a heated altercation. SS, TS and the appellant took out guns and fired at all the deceased. Appellant brought a pistol from his car and fired at SP, SS fired at BR while TS shot at SU. All the three victims died. The appellant also shot at PW-1 who reached the spot. PW-2 and 4 were also present at the place of occurrence but did not receive any injuries. At the trial the appellant admitted that he along with the other accused went to the place of occurrence. The appellant stated that when the altercation ensued and the deceased persons took out iron rods for attacking SS, he took out his pistol to counter threat in self-defence. He denied any action on his part but admitted that some persons who came along with them had, for self-protection, opened fire.The Sessions Court, relying upon the fact of failure of the investigating agency to conduct a test identification parade, observed that such failure had seriously affected the veracity of the version of the eye witnesses and acquitted the accused. On appeal the High Court reversed the acquittal. In appeal to this Court, the appellant contended that none of the witnesses had seen the occurrence and attacked the testimony of PWs-2 and 4 on the ground that their names did not find a place in the FIR or in the Inquest Report. According to him the Investigating Officer came to know of them only at a later stage of investigation.
Judge	Hon'ble Mr. Justice K.T. Thomas
Neutral Citation	1998 INSC 85
Petitioner	Pammi @brijendra Singh
Respondent	Govt. Of Madhya Pradesh
SCR	[1998] 1 S.C.R. 842
Judgement Date	1998-02-12
Case Number	451

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