NDLI: Salim Zia Vs. State of U.p.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Supreme Court (Enlargement of Criminal Appellate Jurisdiction) Act 1970
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Indian Penal Code (45 of 1860) Supreme Court (enlargement of Criminal Appellate Jurisdiction) Act, 1970 (28 of 1970)
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Dismissed
Headnote	Supreme Court (Enlargement of Criminal Appellate Jurisdiction) Act, 1970, Sec. 2(a) & Indian Penal Code, 1860 (Act 45 of 1860), Sec. 302 - Accused firing at the deceased resulting in instant death - Accused claiming right of private defence of person, property - Onus on accused may be discharged by establishing a mere preponderance of probabilities either in the cross-examination of prosecution witnesses or by adducing defence evidence.Appeal against. acquittal - Reversing the order of acquittal - Principles, criteria and guidelines. The appellant's father one Jaffar Ali leased out an acre of paddy growing land to the deceased. The prosecution alleged that while the deceased was harvesting the crop, the appellant and his brothers went to the field armed with a gun. There had been some exchange of words between the appellant and the deceased as regards the share of the produce as agreed to between the deceased and the appellant's father. The appellant was alleged to have fired at the deceased killing him on the spot.Accepting the appellant's version contained in a report stated to have been lodged by him at the police station ten minutes before the First Information Report was lodged, the Sessions Judge acquitted the appellant. The report stated that on the day of the occurrence the deceased was stealing paddy bags from the appellant's field and on seeing him (the appellant) the deceased fired from a revolver which hit the appellant on the right thigh and that finding that the deceased was determined to kill him the appellant fired two or three rounds with his gun which hit the deceased.On appeal by the State, the High Court set aside the acquittal of the appellant and convicted and sentenced him to imprisonment for life.On further appeal to this Court under s. 2(a) of the Supreme Court (Enlargement of Criminal Appellate Jurisdiction) Act, 1970 it was contended on behalf of the appellant that the High Court had acted with material irregularity in ignoring the guidelines laid down by this Court for interfering with the judgment and order of acquittal and convicting the appellant without referring to the conclusions correctly arrived at by the Sessions Judge and secondly the appellant was fully justified in opening fire in exercise of the right of private defence.
Judge	Hon'ble Mr. Justice Jaswant Singh
Neutral Citation	1978 INSC 242
Petitioner	Salim Zia
Respondent	State Of U.p.
SCR	[1979] 2 S.C.R. 394
Judgement Date	1978-11-24
Case Number	213, 237 and 238

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