Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1860: ss. 304 Part I and 300 Exception II Penal Code |
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: ss. 304 Part I and 300 Exception II - Rightto private defence – Benefit of – On facts, altercation between theappellant and the victim, in presence of other colleagues – Victimaimed rifle at the appellant and the appellant fired gunshot at thevictim in exercise of his right of private defence of his body andkilled the victim – Acquittal by the trial court, however, the HighCourt convicted the appellant u/s. 302 holding that the right toprivate defence on the part of the appellant was not made out – Onappeal, held: Owing to the imminent danger perceived by theappellant from the aiming of rifle at him by the deceased, he fired atthe deceased and killed him – Having regard to the situs of theinjury–chest of the deceased, it is clear that the accused exceededthe power given to him in law and caused the death of the deceasedagainst whom he exercised right of private defence withoutpremeditation – Absence of good faith is not found in exercise ofright of private defence – In view thereof, offence committed by theappellant converted to s. 304 Part I – Appellant having alreadyundergone the maximum sentence prescribed for the offencecommitted u/s 304 Part-I, is directed to be released forthwith. |
Judge | Honble Mr. Justice N.V. Ramana |
Neutral Citation | 2018 INSC 1025 |
Petitioner | Jangir Singh |
Respondent | The State Of Punjab |
SCR | [2018] 13 S.C.R. 731 |
Judgement Date | 2018-10-31 |
Case Number | 2499 |
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