Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Right of Private Defence |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Arms Act, 1959 (54 of 1959) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Penal Code,1860-Sections 96,100-Right of private defence-Lathi blows inflicted on father by complainant party-Apprehension of danger to his life-Firing a gun shot at that time by son-Whether right of private defence can be claimed. Arms Act, 1959--Section 25A-Conviction under-Using of father's licensed gun by son to save life of father-Whether acquittal proper. The deceased along with his father and brother was living in the house owned by the accused appellant's father. There was dispute between the accused and the complainant party regarding a piece of land which according to the accused, the complainant party was forcibly occupying.On May 11, 1969 at about 2.45 p.m. appellant's father had an altercation with deceased's brother. Thereafter he went to deceased's house and abused the complainant party and started dismantling the tin-shed on the disputed land. The prosecution's case was that the deceased's brother was sent to the police station to lodge a report. The deceased came at the spot and gave a push to appellant's father. He fell down. Getting up, immediately, shouted for appellant and asked him to bring the rifle and kill the complainant party. The appellant brought a gun and fired a shot hitting the deceased. the appellant fired the second shot which hit another. The deceased fell down and thereafter the deceased's father took out a lathi and gave beating to appellant's father. The deceased succumbed to the gunshot injury. Appellant was charged under Sections 302, 307, 451 IPC and also under section 25-A of Arms Act. The father of appellant was charged under sections 109/302, 451 IPC and 29 of the Arms Act. The appellant and his father denied the commission of the crime. Appellant's plea of alibi was rejected by the trial court. It also did not believe the prosecution case in toto. The appellant's father was acquitted of all the charges by the trial court. It convicted the appellant under section 302 IPC and he was sentenced to imprisonment for life, hut he was acquitted of the other charges. The High Court allowed the State's appeal convicting the appellant under section 307 IPC and section 25-A Arms Act also. He was sentenced to five years and one year rigorous imprisonment respectively for the offences. The appellant filed this appeal before this Court by way of special leave. |
Judge | Hon'ble Mr. Justice Kuldip Singh |
Neutral Citation | 1992 INSC 33 |
Petitioner | Bhagwan Swaroop |
Respondent | State Of Madhya Pradesh |
SCR | [1992] 1 S.C.R. 466 |
Judgement Date | 1992-01-31 |
Case Number | 273 |
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