Landmark Judgement
James Martin V State of Kerala: Case Summary

Facts:

In the state of Kerala,  accused did not close his shop on day of all India strike,”Bharat Bandh”.He owned a flour mill.
The activists entered the mill forcibly and demanded closure, they were armed with sharp objects as weapons.
They threatened to assault the person and were attempted to attack to which the accused fired shots and killed 2 persons and injuring some innocent persons as well in such a shoot. His property was set on fire.
When the matter was taken to the court both HC and Trial court held that appellant exceeded the right of private defense and was convicted for the same.
Aggrieved by the Judgement, an appeal by special leave was made in SC.

Issue:

Whether James Martin exceeded the Right of Private Defence ?

Ratio:

1. The HC observed explosive substances were used to destroy the properties of the accused,but did not answer the question whether the damage was prior or subsequent to the shooting by the accused.
2. The violence by the bandh activists who got into appellants place by scaling over the locked gate and that their entry was Unlawful.
3. Intimidating , assaulting and making them fleeing without shutting down machines was also Unlawful.
4. The acts by appellant were within the reasonable limits of exercise of his right of private defence and he was entitled to the protection afforded in law under Section 96 of Indian Penal Code,(IPC),1860.

Decision:

The appeal was allowed.The conviction was set aside.

The Judgement:

Read the Supreme courts whole judgement here : https://main.sci.gov.in/judgment/judis/25715.pdf