Facts:
There was a clash between the appellant and complainant parties over opposition of certain land .In this fight, the appellant inflicted a fatal spear injury on the chest of the deceased party. The matter was taken to the trial Court where sessions judge held that the possession of land was undoubtedly with the accused persons and acquitted all the accused on the ground that they were exercising their right of private defense. Aggrieved by the order, the state appealed to High Court, where all the conclusion of trial Court, was upheld. The high court held that complainant party had not actually inflicted a serious injury on the accused by lathi and that the right of private defense could arise justifying the causing of death. The injury, according to High Court was given by Deo Narain with his spear, to the complainant. The high court said it did not justify in using spear.
The high court convicted the appellant. Aggrieved with the order of HC. The appellant filed SLP in Supreme Court.
Issue:
- Whether the petitioner exceed the right of private defense?
- Whether the petitioner is justified in using the right of private defense by spear for injury caused by lathi?
Ratio:
As soon as the appellant rationally held danger to his body, even from a real threat on the part of the body of the complaint to assault him for the purpose of, forcibly taking position of plots in dispute, he got the right to private defence and to use adequate force against the wrongful aggressor. The high court was misconceived that appellant was not justified in using his spear as the complaint had used Lathi. The party of the complaint had purposely came to prevent or Obstruct, the possession of the accused person.
It cannot be laid down as a general rule that the use of lathi as distinguished transpo must always be held to result only in minor injury. A blue from lathi at a vulnerable part. Like head, main proof, inteniously fatal instantaneously, fetal. Fatal in such case, it cannot be laid down a sound proposition of law. That is such cases. The Victim is not justified in using sphere in defending himself.
Decision:
The appellant was acquitted.
Refer Judgement here: https://main.sci.gov.in/judgment/judis/6644.pdf