Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1860..: s.304 Part I - Murder - Verbal altercation over ownership and possession of property led to the incident Penal Code |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Penal Code, 1860..: s.304 Part I - Murder - Verbal altercation over ownership and possession of property led to the incident - Death caused due to gunshot injury - Three accused - Accused 'R' had fired the gunshot - All accused convicted by trial court uls.302 rlw s.34- High Court accepted plea relating to right of private defence but held that 'R' had exceeded the right of private defence, and converted his conviction uls.302 to one u/s.304 Part-I - Justification - Held: In the case at hand, the plea ofright of private defence arose . on the base of materials on record - As far as onus was concerned, there was ocular and documentary evidence to sustain the concept of preponderance of probability - There were altercations between the accused and the deceased and there was threat that the informant and others would take over possession - There was threat to the property of 'R' and he made effort to drive away the informant and others - Act of the accused to be adjudged regard being had to the surrounding circumstances and not by way of microscopic pedantic scrutiny - Though 'R' fired gunshot but it was really not with the intention to cause the death of the deceased - Prosecution did not bring any material on record that 'R was · vindictive, or he had any malicio_us intention to cause the death - That being the position, #he High Court rightly held that 'R' had exceeded the right of private defence and correctly found him guilty u/s. 304 Part I - Evidence Act, 1872 -s. 105 - Arms Act - ss. 25127.Penal Code, 1860- s.34 - Murder- Common intention - Incident occurred pursuant to altercation over ownership and possession of property - Death caused due to gunshot injury - Three accused - Accused 'R' had fired the gunshot - All accused convicted by trial court u/s.302 rlw s.34- High Court B conve.ted conviction of 'R' to one u/s.304 Part-I - In regard to the other two accused, the High Court held· that their conviction could not be sustained in aid of s.34, /PC, and acquitted them of all charges - Justifiability - Held: It is a case where right of private defence had only been exceeded C by 'R' - The other two accused had accompanied 'R' to defend the right of possession - In such a case, the guilt of each of .the accused, who had exceeded the right of private defence, to be dealt with separately - The matter would have been totally different, had the right of private defence did not exist at all or the accused persons had done any overt act - D Constructive liability, as envisaged u/s.34 /PC, not attracted - Conclusion of High Court that s. 34 /PC could not be attracted regard being had to the factual score, correct. |
Judge | Honble Mr. Justice Dipak Misra |
Neutral Citation | 2014 INSC 266 |
Petitioner | State Of Rajasthan |
Respondent | Manoj Kumar |
SCR | [2014] 8 S.C.R. 589 |
Judgement Date | 2014-04-11 |
Case Number | 885 |
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