Sale Deeds Must Be Interpreted Literally When the Language is Clear and Unambiguous: Supreme Court    |     Non-Signatory Can Be Bound by Arbitration Clause Based on Conduct and Involvement: Supreme Court    |     Right to Passport is a Fundamental Right, Denial Without Justification Violates Article 21: Allahabad High Court    |     Insurance Company's Liability Remains Despite Policy Cancellation Due to Dishonored Cheque: Calcutta High Court    |     Deductions Under Sections 36(1)(vii) and 36(1)(viia) of the Income Tax Act Are Independent and Cannot Be Curtailed: Bombay High Court    |     Diary Entries Cannot Alone Implicate the Accused Without Corroborative Evidence: Supreme Court Upholds Discharge of Accused in Corruption Case    |     MACT | Fraud Vitiates All Judicial Acts, Even Without Specific Review Powers: Rajasthan High Court    |     Right of Private Defense Cannot Be Weighed in Golden Scales: Madhya Pradesh High Court Acquits Appellant in Culpable Homicide Case    |     If Two Reasonable Conclusions Are Possible, Acquittal Should Not Be Disturbed: Supreme Court    |     Kalelkar Award Explicitly Provides Holiday Benefits for Temporary Employees, Not Subject to Government Circulars: Supreme Court Upholds Holiday and Overtime Pay    |     NDPS | Homogeneous Mixing of Bulk Drugs Essential for Valid Sampling Under NDPS Act: Punjab & Haryana High Court    |     Pre-Arrest Bail Not a Right but an Exception: Himachal High Court Denied Bail In Dowry Death Case"    |     POCSO | Scholar Register Is Sufficient to Determine Victim’s Age in POCSO Cases: Madhya Pradesh High Court    |     Abuse of Official Position in Appointments: Prima Facie Case for Criminal Misconduct: Delhi High Court Upholds Framing of Charges Against Swati Maliwal in DCW Corruption Case    |     Service Law | Similarly Situated Employees Cannot Be Denied Equal Treatment: PH High Court Orders Regularization    |     Presumption of Innocence Remains Supreme Unless Clearly Overturned: PH High Court Affirming Acquittal    |     Any Physical Liaison with A Girl Of Less Than Eighteen Years Is A Strict Offense.: Patna High Court Reiterates Strict Stance On Sexual Offences Against Minors    |     Orissa High Court Rules Res Judicata Inapplicable When Multiple Appeals Arise from Same Judgment    |     Mandatory Section 80 Notice Cannot Be Bypassed Lightly:  Jammu & Kashmir High Court Returns Plaint for Non-Compliance    |     Bombay High Court Denies Permanent Lecturer Appointment for Failing to Meet UGC Eligibility Criteria at Time of Appointment    |     Deferred Cross-Examination Gave Time for Witness Tampering, Undermining Fair Trial: Allahabad High Court    |    

Right of Private Defense Cannot Be Weighed in Golden Scales: Madhya Pradesh High Court Acquits Appellant in Culpable Homicide Case

21 September 2024 11:10 AM

By: sayum


Madhya Pradesh High Court, in Bhersiya v. State of Madhya Pradesh (Criminal Appeal No. 187 of 2001), overturned the conviction of the appellant under Section 304 Part II of the Indian Penal Code (IPC) for culpable homicide not amounting to murder. The court held that the appellant acted within his right of private defense under Sections 96 and 97 of the IPC, acquitting him of all charges.

The case originated from an incident on December 22, 1999, when the appellant, Bhersiya, was involved in a scuffle with the deceased, Bhuchariya. The dispute arose over a money transaction after both had returned from selling pulses. Bhuchariya, who was intoxicated, attempted to snatch money from the appellant, leading to a violent confrontation. The appellant threw stones at Bhuchariya in self-defense, causing fatal injuries. The trial court convicted the appellant under Section 304 Part II of the IPC, sentencing him to 5 years of rigorous imprisonment.

The primary legal issue was whether the appellant’s act of throwing stones, which led to the death of the deceased, fell within the right of private defense, as provided under Sections 96 and 97 of the IPC. The appellant contended that he had no intention to kill and only acted to protect himself when the deceased, under the influence of alcohol, pursued him aggressively to snatch money.

The High Court critically analyzed the circumstances and observed that the appellant had attempted to flee the scene and only retaliated when pursued. The court highlighted that under the law, a person is not expected to weigh their defensive actions with "golden scales" when faced with an immediate threat.

The court recognized the appellant’s right of private defense, holding that his actions did not exceed the limits of such defense. Citing the testimony of Kasam (PW-9), the son of the deceased, the court noted that the deceased was intoxicated and initiated the physical altercation by attempting to snatch money from the appellant. The appellant, in response, acted to protect himself and his property by throwing stones when he was chased by the deceased.

“The appellant did not act disproportionately and was entitled to protect himself and his money under Sections 96 and 97 of IPC” (Para 30).

Kasam’s testimony, corroborated by the medical evidence, supported the appellant’s version of events. Kasam admitted that his father, while intoxicated, tried to forcibly take money from the appellant, prompting the appellant to flee, only to be chased. Other witnesses’ statements were reconsidered in light of the spontaneous nature of the incident, which the court found lacked premeditation.

The postmortem report confirmed that the fatal injury was caused by blunt force trauma to the head. Two stones were seized from the scene, but forensic analysis could not conclusively link the bloodstains to the deceased. Despite the serious injury, the court found that the appellant acted out of necessity to avert a threat to his safety and did not intend to cause death.

The court relied on previous judgments, including Rizan v. State of Chhattisgarh (2003) and State of M.P. v. Ramesh (2005), to underscore the principle that the right of private defense must be evaluated based on the immediate circumstances. It is not necessary for the accused to prove self-defense beyond a reasonable doubt, but only by a "preponderance of probabilities" (Para 23).

The Madhya Pradesh High Court set aside the conviction under Section 304 Part II of the IPC, acquitting the appellant of all charges. The court concluded that the appellant’s actions were justified under the right of private defense, and he did not exceed the bounds of this right. His bail bonds were discharged, and the judgment was sent to the trial court for compliance.

Date of Decision: September 13, 2024

Bhersiya v. State of Madhya Pradesh

Similar News