Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1860 : Sections 96 to 99 Penal Code Section 300 Exception 4 and Section 304 Part I & II |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Penal Code, 1860 : Sections 96 to 99-Right of private defence-Deceased and family including lady members on their way to the fields for weeding operation- Carrying axe, sticks which are ordinarily carried in villages while going to fields-Fight ensued resulting in death of two-Plea of self defence by accused-Held: Plea of self defence by the accused is wrongly accepted by High Court as arrival of deceased at the place of occurrence cannot be said to be for initiating fight against the accused. Section 300 Exception 4-Quarrel between accused and deceased-Two persons died and accused also sustained serious injuries, which were not explained by prosecution witnesses-No evidence to say with certainty as to which party provoked the other and initiated the fight-Accused who had fire arm also did not use it against deceased-Held: It is a case to apply Exception 4 of Section 300 as there was sudden quarrel and free fight between the party and attack was not pre-meditated affair. Section 304 Part 1-Accused gave axe blows to deceased on vital part with an excessive force which resulted in his death-Held: He is to be convicted under Part 1 of Section 304 because having regard to the gravity of the injuries caused with a dangerous weapon, each one of which was fatal, the other accused must be imputed with the intention to cause such bodily injury as was likely to cause death, if not the intention of causing death. Section 304 Part ll-Accused had afire arm but did not shoot-However he picked up axe from the spot and gave a blow on deceased aged 75 years Held: ls guilty under Section 304 Part II as the conduct and the manner in which he attacked an old person shows that by causing the injury with axe on the neck of the deceased, he was having knowledge that the said act was likely to cause death, but he had no intention to cause death or such bodily injury as was likely to cause death. According to prosecution, quarrel took place between the accused and the deceased. Next day, the two deceased, Krishna and his son Bajirao along with PW 10 and his brother and 2 ladies went to village Walkewadi for the purpose of carrying on weeding operations in the land belonging to PW-6 who is daughter of deceased Krishna. They were armed with axe and sticks. When they came near the house of one Hindurao, which was close to the house of the accused, the accused armed with gun, axes and sticks attacked the prosecution party. The accused No. 1 was having a double-barrel gun which he fired in the air in the first instance. Accused No. 3 inflicted injuries with axe on the head and neck of Bajirao as a result of which he fell down and later succumbed to the injuries. After Bajira" fell down, accused No. 1 took out the axe which Bajirao was having and then attacked Krishna and as a result of the injuries caused to him, Krishna died the next day in the hospital. Accused No. 2 is alleged to have given a stick blow on the head and the back of PW10. As regards accused No. 4, it is alleged that he was about to attack PW1 with axe and when PW10 raised his right hand to ward off the attack, the injury was caused to his index finger. Sessions Judge convicted appellants and other accused under Section 302 read with Section 34 IPC. Appellants (accused no. 1 and no. 3) and accused no. 2 and 4 preferred appeal before the High Court. High Court convicted appellant no. 2 (accused no. 3) under Section 302 IPC and appellants no. 1 (accused no.I) under Section 304 Part 1 IPC particularly after recording a finding that the complainant's party were aggressor and appellants had sufficiently discharged the burden cast on the defence to prove their case of the right of private defence; that persons from the party of the accused including appellants sustained serious injuries including some of them of a life threatening nature and the prosecution witnesses had failed to explain those injuries. The present appeal is filed by accused no. 1 and accused no. 3. |
Judge | Hon'ble Mr. Justice P. Venkatarama Reddi |
Neutral Citation | 2005 INSC 210 |
Petitioner | Dattu Shamrao Valke And Anr. |
Respondent | State Of Maharashtra |
SCR | [2005] 3 S.C.R. 635 |
Judgement Date | 2005-04-15 |
Case Number | 615 |
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