Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Penal Code 1860: ss. 96 to' 106 - Things done in 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:ss. 96 to 106 - Things done in private defence - Held: Under s. 96, nothing is an offence, which is done in the exercise of the right of private defence - the extent and limitations of the right of private defence is prescribed u/s 96 to 106, IPC. Such a right can be exercised only to defend the unlawful action and not to retaliate - Neither the accused nor his two companions in the statements recorded u/s 313 Cr.P.C., have stated that the deceased and his companions were the aggressors and that the accused was acting in exercise of the right of private defence - There is nothing on the record to suggest that the accused or his companions received injuries at the hands of the deceased or the deceased tried to snatch the carbine, of the accused - On the contrary, evidence of PWs supports prosecution case that it was the accused who was the aggressor and that he had not acted in private defence - Non-explanation of the injuries on the person of the accused and his two companions, which were found simple in nature, cannot be held to be fatal to the prosecution case.ss.304 and 324 IPC r/w s.27 of Arms Act - Culpable homicide not amounting to murder - Death of victim caused by fire arms - Injuries to witnesses - Conviction by courts below u/s 302 - Held: Evidence produced against accused does not show that he had any motive to cause death of deceased or had intended to cause such bodily injuries which were sufficient in the ordinary course of nature to cause death of deceased - Evidence on record also does not establish that injuries caused on the body of deceased must in all probability cause his death or likely to cause his death - On the spur of moment, during the heat of exchange of words, accused caused injuries on the body of deceased which caused his death - Therefore, ingredients of murder as defined in s.300, IPC, have not been established against accused - He was guilty of culpable homicide not amounting to murder - Accordingly, accused-appellant convicted u/s 304 IPC and sentenced to 7 years imprisonment with fine - His conviction u/s 302 set aside - Conviction and sentence u/s 324 IPC and 27 of Arms Act, maintained. |
Judge | Hon'ble Mr. Justice S.J. Mukhopadhaya |
Neutral Citation | 2014 INSC 325 |
Petitioner | Manjeet Singh |
Respondent | State Of Himachal Pradesh |
SCR | [2014] 5 S.C.R. 796 |
Judgement Date | 2014-04-25 |
Case Number | 1695 |
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