IBC Moratorium | Criminal Court Cannot Direct Disbursal Of Corporate Debtor's Assets To Complainant Pending CIRP: Supreme Court Section 138 NI Act | Failure To Implead Company As Accused Renders Complaint Fatally Defective; Section 319 CrPC Cannot Be Used To Cure Such Fundamental Defect: Supreme Court 'Last Seen Theory' Alone Cannot Sustain Conviction: Supreme Court Acquits Man In Murder Case 'Every Lawyer Has A Duty To Act Decently': Supreme Court Modifies Suspension Of Advocate For Misconduct In Court Premises Mere Declaration Of 'Transitional Area' Under Article 243-Q(1)(a) Of Constitution Does Not Automatically Convert Rural Area Into Urban Area: Supreme Court Supreme Court Quashes Externment Order, Terms Non-Compliance With Natural Justice A "Travesty Of Constitutional Guarantees" 'Certiorari Is Not Appellate': Supreme Court Rejects Plea In Decades-Old Co-operative Society Membership Dispute Victim Must Authorize Settlement: Supreme Court Rules Informants Cannot Quash Criminal Cases Without Real Victim's Consent State Cannot Pick And Choose: Supreme Court Restores Right To Retrospective Regularisation For Daily Wage Employees Order VI Rule 17 CPC | Amendment of Plaint After Commencement Of Trial Cannot Be Allowed Without Proving Due Diligence: Supreme Court Discrepancy Between Ocular Testimony And Medical Evidence Creates Reasonable Doubt: Supreme Court Order VI Rule 17 & Order VIII Rule 6A CPC | Counter Claim Cannot Be Permitted After Trial Concludes When Party Fails To Pay Court Fees Initially: Supreme Court Nominee Holds Insurance Proceeds In Trust For Legal Heirs; Supreme Court Directs Equitable Distribution Pending Succession Proceedings PC Act | Court Must Impose Statutory Minimum Imprisonment Upon Conviction Under Sections 7 And 13(2): Supreme Court Supreme Court Quashes Corruption Case Against Official Caught In Factional Crossfire Retaliatory Counterblasts Cannot Be Used As Weapons Of Harassment: Supreme Court Quashes Criminal Complaint Over Civil Land Dispute Order VII Rule 11 CPC | Court Must Defer Question Of Ad-Valorem Court Fee To Evidence When Possession Status Is Disputed: Supreme Court Minor Shortfall In Earnest Money Deposit Does Not Vitiate Auction Sale If It Causes No Prejudice: Supreme Court 'Flimsy And Untenable': Supreme Court Cancels Bail Of Accused In Gruesome 'Petrol-Burning' Murder Case Parity Is Not A Mechanical Mathematical Formula: Supreme Court Rejects Bail Plea Of Murder Accused Article 142 Constitution of India | Supreme Court May Protect Retiral Benefits Of Employees Whose Caste Certificates Are Invalidated In Exceptional Cases Omission Of CGST Rule 96(10) Applies To All Pending Proceedings: Supreme Court Mere Marking Does Not Prove Contents: Supreme Court Clarifies Evidence Law In Testamentary Proceedings Arbitral Tribunal Under Section 16 Of A&C Act Has Exclusive Jurisdiction To Determine Arbitrability Of Claims Including Excepted Matters: Supreme Court Arbitration Agreement Can Be Incorporated Into A Personal Guarantee Through A Composite Transaction: Supreme Court

Appellant Had a Right of Private Defence: High Court Quashes Conviction Under Section 304 Part II of IPC

16 September 2024 12:49 PM

By: sayum


On September 13, 2024, the Madhya Pradesh High Court acquitted the appellant, Bhersiya, who was previously convicted under Section 304 Part II of the Indian Penal Code (IPC) for the death of Bhuchariya, resulting from a stone-pelting incident. The Court held that the appellant acted in the right of private defence, and his actions were not disproportionate to the threat he faced, thereby overturning the trial court's judgment.

The incident occurred on December 22, 1999, when Bhersiya allegedly pelted stones at the deceased, Bhuchariya, during a dispute over money. According to the prosecution, Bhersiya assaulted Bhuchariya with stones, hitting his head and causing fatal injuries. The trial court convicted Bhersiya under Section 304 Part II of IPC, sentencing him to five years of rigorous imprisonment and a fine of Rs. 1000.

Bhersiya appealed the conviction, arguing that he acted in self-defence after Bhuchariya, who was intoxicated, attempted to snatch money from him. The defence contended that the incident occurred suddenly without premeditation, and the appellant had no intention or knowledge that his actions would result in death.

The central legal issue was whether Bhersiya acted in self-defence, thereby justifying the use of force against the deceased. The prosecution argued that the appellant had knowledge that his act could result in death since he targeted a vital part of the body. Conversely, the defence argued that the deceased was the aggressor, and the appellant's actions were in response to an immediate threat.

The High Court considered witness testimonies, including that of Kasam, the son of the deceased, who corroborated that the deceased was under the influence of alcohol and tried to snatch money from the appellant. The Court also examined the legal principles governing the right to private defence, particularly whether the appellant exceeded the right by causing disproportionate harm.

Justice G.S. Ahluwalia, delivering the judgment, noted that the appellant and the deceased had a good relationship and went together to sell pulses. After consuming alcohol, the deceased demanded money from the appellant and attempted to snatch it. The Court found that the appellant initially tried to avoid conflict by running away, but when chased, he retaliated by throwing stones, causing fatal injuries to the deceased.

The Court held that the appellant had the right to private defence to protect himself and his property. It observed that the appellant's actions were not disproportionate to the threat he faced. Citing Supreme Court precedents on the right of private defence, the Court concluded that the appellant's use of force was justified and that he did not exceed the right of private defence.

The High Court set aside the trial court's judgment and acquitted Bhersiya of all charges, stating that his actions were within the scope of private defence. The Court underscored the principle that an accused is not required to prove the existence of private defence beyond reasonable doubt and that this right serves a social purpose, allowing individuals to protect themselves when immediate aid from state machinery is unavailable.

Date of Decision:September 13, 2024

Bhersiya vs. The State of M.P.

Latest Legal News