Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | right of private defence |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Penal Code, 1860 : Sections 96 to 102 and 105-Criminal trial-Right of private defence Nature of-Held : It is essentially a defensive right circumscribed by the governing statute, i.e. IPC and should not be allowed to be pleaded or availed as a pretext for a vindictive, aggressive or retributive purpose of offence-Burden of proof is on the accused, who sets up the plea of private defence-The burden stands discharged by showing preponderance of probabilities in favour of that plea on the basis of material on record-On facts, the accused, who were convicted by courts below for causing murder, failed to establish that they were exercising right of private defence-Evidence Act, 1872-Section 105. Sections 302 and 304-Part I-Murder-Death occurred on account of a single blow given on the head by a small wooden yoke-Plea of self-defence by accused not established-Courts below had recorded conviction under Section 302-Held : On facts, the conviction is liable to be altered to one under Section 304-Part I with custodial sentence of 10 years. According to the prosecution, pursuant to a wordy altercation between A1 and PW1 in the presence of PW2, A1 beat PW1 with a stick and fled to the house of A6. Subsequently, PWs 1 and 2 started shouting in front of the house of A6, when A3 yelled that PWs 1 and 2 should be assaulted. PW1 was assaulted by A1, A2 and A4. PWs 2 and 3 were also assaulted. Deceased, the father of PWs 1, 3 and 5, rushed to the scene of occurrence in their support when he was assaulted by A3 and A5 over his head with yokes while A6 caught hold of him, causing bleeding injuries of serious nature. He was taken to the hospital where he died. Though the prosecution had contended that all the accused persons acted in furtherance of common object being members of unlawful assembly and committed the crime, the Trial Court did not accept the version. Considering the individual overt acts, it acquitted A-4, A-6 and A-7 but convicted A-1 and A-2 under Section 324 IPC and A-3 and A-5, i.e. the appellants under Section 302 IPC. The conclusions of the Trial Court were affirmed by the High Court. In appeal to this Court, it is contended that the evidence on record clearly showed that ladies related to the accused were assaulted first; that even if the prosecution version is accepted in toto, the accused persons made assaults in the process of protecting their lives and properties; that since the accused persons had exercised the right of private defence, the conclusions of the courts below cannot be maintained, and that the accused persons have also suffered injuries in exercise of right of private defence. |
Judge | Hon'ble Dr. Justice Arijit Pasayat |
Neutral Citation | 2005 INSC 119 |
Petitioner | V. Subramani And Anr. |
Respondent | State Of Tamil Nadu |
SCR | [2005] 2 S.C.R. 536 |
Judgement Date | 2005-03-03 |
Case Number | 378 |
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