State of UP v Ram Swarup : Case Summary
Facts :
Ganga Ram and Sahib Dutta a.k.a munim ji were trade rivals. Ganga Ram went to buy a basket of melons from Sahib.
He declined to sell the same. There was hot exchange of words and Ganga Ram left in a huff.
Later Ganga Ram went to the market with his son Ram swarup and 2 other sons. Ganga Ram had a knife and Ram swarup had a gum and 2 other sons had lathis.
They were aggressive with Sahib,who tried to retreat.
Ram Swarup shot him dead at point blank range.
The learned sessions judge convicted Ram swarup under s302 of IPC and sentenced him to death, whereas Ganga Ram was convicted under s302 read with s34and was sentenced to life imprisonment. The other 2 sons were acquitted.
The appeal was made to HC. The High court acquitted Ganga Ram and Ram Swarup and also confined the acquittal of other 2.
The state went to Supreme Court by special leave.
Issue:
- Whether the acquittal of Ram Swarup and Ganga Ram by Hon’ble HC is lawful?
- Whether the accused has any right of Private defense in the set of circumstances?
Ratio
- The right to private defence is a right of defence, not vengeance. It is available in the face of imminent threat ,to those who act in good faith and in case the right be conceded to a person who stage-manages a situation wherein the right could be used as a shield to justify an act of aggression.
- If a person goes with a gun to kill another,the intended victim has a right to self-defence, there is no right in former to kill him in order to prevent him from acting in self defence.
- The possibility of a fight is not enough to justify the killing of Munim ji.The sentence was reduced from death to life imprisonment.
- There was no material in the charge against Ganga Ram under section29(6) of the Arms Act, because he cannot be said to have carried his licensed gun to Ram Swarup. The better view is Ram Swarup took it.
Decision
The Hon’ble Supreme court dismissed Ram Swarup’s plea of right of private defence and acquitted Ganga Ram.