NDLI: Mohinder Pal Jolly Vs. State of Punjab

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Indian Penal Code 302 103 101 1860 Ss. 99 303 and 304
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 Dismissed
Headnote	Indian Penal Code, 1860 (Act 45 of 1860) Ss. 99, IOI, 103, 302, 303 and 304. Factory owner fired from revolver on workers agitating for wages outside factory - Death of a worker - Accused claiming right of private defence of property and person - Right when available - Accused if should be convicted and sentenced under Part-II of Section 304 and not Part-l. There was a dispute between the appellant, a factory owner and his employees in regard to wages, during the period of their lay-off. The prosecution alleged that on the day of the occurrence when the workers gathered outside the factory and raised innocuous slogans demanding their wages, the appellant came out and fired a shot from his revolver, which hit a worker resulting in his death. The appellant on the other hand alleged that a large number of labourers who collected outside the factory, shouted very abusive slogans, threatening that they would not leave him alive and showered brickbats at the factory premises causing damage to the appellant's property. Apprehending imminent danger to his life and property, his driver fired a shot from the revolver which resulted in the death of the deceased. The trial court, with whose findings the High Court agreed, found that the workers might have hurled brickbats into the factory premises; but they did not break the barbed wire on the boundary wall nor did they try to scale the boundary wall. that they did not carry any sticks, that no brickbats hurled by the workers could enter the appellant's office and therefore his version that some brickbats damaged the glass on his office table was incorrect and that it was the appellant and not his driver that fired his revolver which resulted in the death of the deceased. The High Court, agreeing with the trial court, held that though the appellant had the right of private defence of property it did not go to the extent of causing death and, therefore, he exceeded his right of private defence. Holding that the offence fell under Exception 2 to s. 300 IPC the High Court convicted him under s. 304, Part-I. In appeal to this Court it was contended on behalf of the appellant that in the exercise of his right of private defence the appellant was entitled to and justified in law in using force even to the extent of causing death although he never intended to kill the deceased or anyone. On the facts and circumstances of the case, it did not come within clause 4thly of s. 300; or even if it fell within that provision, on the application of exception 2, he could only be convicted under Part II of s. 304 and not under Part I. Even if his conviction were maintained, imposition of fine would meet the ends of justice.
Judge	Hon'ble Mr. Justice N.L. Untwalia
Neutral Citation	1978 INSC 261
Petitioner	Mohinder Pal Jolly
Respondent	State Of Punjab
SCR	[1979] 2 S.C.R. 805
Judgement Date	1978-12-14
Case Number	118

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