Three decades after a trial court in Meerut awarded two men a life term for killing their attacker, the apex court upheld their release ordered by the high court.
A person killing another to defend himself is not an offence, said the Supreme Court (SC). Three decades after a trial court in Meerut, Uttar Pradesh, awarded two men a life term for killing their attacker, the apex court upheld their release ordered by the high court saying the duo did not commit an offence.
A person can kill another when there is a reasonable apprehension that his/her adversary will cause him or her grievous injury even though he might not have actually inflicted any, the SC ruled. “In that event, he can go to the extent of causing the latter’s death in the exercise of the right to private (self) defence even though the latter may not have inflicted any blow or injury on him,” justices Dalveer Bhandari and HS Bedi said.
Interpreting IPC section 100, the bench said the law justifies the killing of an assailant under the “right of private defence” which was rightly exercised by the duo. IPC Section 100 states killing a person is not an offence if it was done in the exercise of self-defence.
Judges dismissed the state’s appeal challenging the acquittal of Gajey Singh and Rajpal Singh in a murder case dated January 27, 1979. One Lakhi Ram along with a few others had a scuffle with the duo after which Lakhi Ram assaulted the two with sharp weapons. In retaliation, Rajpal at Gajey fired a shot resulting in Lakhi Ram’s death. There was sufficient evidence to indicate this.
“In such a situation, the accused could have apprehension of death or grievous hurt. It was just a single gunshot,” the court said while recalling the incident. “Therefore, it cannot be said that the duo had exceeded their right of private defence in any way,” the court said. “Whether the apprehension is reasonable or not depends on the facts of each case,” the court said.
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