Hyderabad Police books Dr.NARESH for shooting a burgler.

[SANTHAJI76]

Silly indian police, where is RIGHT TO SELF PROTECTION OF LIFE AND PROPERTY.

QUOTE TIMES OF INDIA"Doc shoots burglar
TIMES NEWS NETWORK

Hyderabad: A burglar’s bid to commit theft at a doctor’s residence in the posh Bharani layout in Jubilee Hills proved fatal with the dentist shooting him dead in the wee hours of Saturday. Police slapped a case under section 302 (murder) of the Indian Penal Code (IPC) against the dentist, Dr Naresh Reddy.
The Jubilee Hills
police said two burglars__ Murali and Shiva__entered the independent house of Naresh Reddy in Bharani layout on Road No. 78, Jubilee Hills between 1.30 am and 2 am.
According to Naresh Reddy's family members, the thieves gained entry into the premises by jumping the main gate. They reached the rear side of the building, wherethereis a hugeelevated wall of bullet proof glass.
“The thieves broke the glass with stones and gained entry into the ground floor of the building. Hearing the noise, our watchman Lakshman, who resides in the cellar, woke up, went around the house and found the two thieves gathering valuables on the first floor,'' Darmesh Reddy, a relative of Naresh Reddy, told STOI.
Immediately, Lakshman climbed to the top of an extended concrete slab on the first floor and alerted Naresh Reddy, who was sleeping in the first floor bedroom, about the thieves. City dentist booked for murder
‘Naresh Reddy took his 12 mm bore gun and directed Lakshman to call watchmen of nearby houses to come to his support. The thieves collected laptops, silverware and other valuables and tried to flee through the front door.
As the burglars noticed watchmen waiting outside for them, they tried to flee from the rear side. Naresh went to the balcony on the rear side and asked Murali and Shiva to surrender and threatened to open fire.
Initially, Naresh fired in the air to scare them, but when he noticed that the thieves were trying to escape into his neighbour’s house he opened fire. The pellets hit Murali,'' Darmesh Reddy said.
Murali collapsed inside the neighbour's house, while Shiva was caught by the waiting watchmen.
Locals claimed that in the last few months a series of burglaries took place in and around Bharani layout, including at the residence of former Reserve Bank of India governor YV Reddy.
Police said Murali and Shiva were assisted by eight others who were moving in an autorickshaw when the duo were in Naresh Reddy’s residence.
The Jubilee Hills police said that Shiva was being interrogated and an attempt to theft case was registered against him. A case was also registered against Naresh Reddy under Section 302 (murder) of Indian Penal Code.
`We came to know that the burglars are small time-thieves who steal scrap. They were the ones who stole a few silver articles from the residence of YV Reddy,'' Jubilee Hills inspector K Narsing Rao said.

[prashantsingh]

That's stupid.
On the contrary they should give him an award.

[bodhijobs]

I dont think police can make a big case out of this.

Regards
BDG

[winnie_the_pooh]

The law allows a person to use force to protect not only his own life and those of others and also his own and others 'property' .Theft would and should be considered loss of/destruction of property.So even though his life was not under threat however his property was.He gave them ample opportunity to surrender but the thieves chose to ignore that warning.

Cases are often registered to extort money from people even in situations where nothing should have been done by the police in the first instances. Depending upon his ability to pay,he might get a clean chit after investigation.

[mundaire]

Hmm, they do mention that "pellets" hit the thief and also that the good Dr. was shooting from the balcony, while the thieves were in the backyard - so I assume was at least 15+ metres away. Therefore it is quite possible that the ammo being used by the Dr. was buckshot, in which case would he not face an added legal complication of using prohibited ammuntion? Doesn't causing death by use of prohibited arms/ ammuntion carry with it an automatic death penalty?

No condoning the above state of affairs, merely pointing out the sheer stupidity of the laws we have in place currently.

Cheers!
Abhijeet

[nagarifle]

wherethereis a hugeelevated wall of bullet proof glass.
“The thieves broke the glass with stones and gained entry into the ground floor of the building.

strange that a bullet proof glass can be so easy broken with stones.

it will be an interesting outcome.

[captrakshitsharma]

I personally believe the Good Dr. needs to be awarded the thieves were not after scrap. They had eight other men assisting them. This clearly goes to show how a gun is a force equalizer and turns tables. @Mundaire yes the buckshot could land our hero in trouble.@ naga the glass probably was toughened or burglar proof (burglar proof being stronger to breach than toughened is made the same as bulletproof pasting a layers of glass however less layers and less thicker) these are hard to break and breach through but not impossible and will make substantial noise if broken.

[Vikram]

12mm Bore gun!

Birdshot can be/is lethal at the ranges given there.He may have hit his neck region as he was shooting down and severed/wounded a couple of major arteries.Conjecture on my part.

Shooting someone when one is trying to flee may not be the brightest idea.But when one is greatly excited and under stress, the brain hardly works in the regular fashion.

Hopefully he will be able to clear his name.


Best-
Vikram

[goodboy_mentor]

The law for private defence is defined from Sections 96 to 106 IPC. One can cause death for self defence only in situations as defined in Sections 100 or 103 IPC.

Section 103. When the right of private defence of property extends to causing death

The right of private defence of property extends, under the restrictions mentioned in section 99, to the voluntary causing of death or of any other harm to the wrong-doer, if the offence, the committing of which, or the attempting to commit which, occasions the exercise of the right, be an offence of any of the descriptions hereinafter enumerated, namely:—

First.— Robbery;

Secondly.—House-breaking by night;

Thirdly.— Mischief by fire committed on any building, tent or vessel, which building, tent or vessel is used as a human dwell­ing, or as a place for the custody of property;

Fourthly.—Theft, mischief, or house-trespass, under such circum­stances as may reasonably cause apprehension that death or griev­ous hurt will be the consequence, if such right of private de­fence is not exercised.

The doctor could have lawfully killed the intruder the moment when house breaking/house-trespass was done or being attempted. But the killing of robber when the robber is running away, needs to be seen what the courts have to say.

Doesn't causing death by use of prohibited arms/ ammuntion carry with it an automatic death penalty?

Yes as per Arms Act 1959, causing death by prohibited arms/ ammunition is punishable by death. But when death is caused in exercise of self defense as described in Sections 100 or 103 IPC, then that death will not treated as an offense but the possession of prohibited arms/ ammunition may be treated as an offense.

[dr.jayakumar]

it is a cops duty to file a case against the dr.but in due course he will be aquitted.
in a similiar incidence in banglore the gun owner was appreciated by commissioner of police.
i think i read this in our forum.

[Olly]

The case won't stand up in court and the khakhi,s would get a rap on their knuckles...

In my view the Doc was perfectly within his rights to use his firearm as he was attempting to 'save his life and property'.

Intrusion into one's house and that too at night, construes an eminent threat to life and property. If the clause of use of excessive force is applied, well at night, you can never be sure that the intruders weren't armed or they weren't armed with lethal weapons. For all that matters, I would perceive that the intruders could've just come to MURDER the Doc. Therefore his use of the powder was justified.

Illegal guns / ammo etc. is a different issue... which I do not support....

[ak27]

Must appreciate the Doctor for his act of bravery and composure.

There is absolutely nothing wrong with the police detaining the Doc at the scene of crime. I have had a long chat with my brother-in-law who is a circle inspector with the police and he told me that the cops can't just come to a conclusion basing on the claims of the house inmates or neighbors. The protocol demands them to launch a detailed investigation into the case and then come to a sound conclusion. After all, it's not some poor vermin that's been shot! Isn't the human life the most valued? But yes, if the proceedings conclude that the situation was as narrated by the witnesses then the Doc is in for good applause and as some members opined he might be deserving an award too.

I sincerely hope that Dr.Naresh turns out to be innocent and comes out clean and in the light of this incident the thugs and thieves learn some manners and mend their ways!

[sudhaiob]

Hmm, they do mention that "pellets" hit the thief and also that the good Dr. was shooting from the balcony, while the thieves were in the backyard - so I assume was at least 15+ metres away. Therefore it is quite possible that the ammo being used by the Dr. was buckshot, in which case would he not face an added legal complication of using prohibited ammuntion? Doesn't causing death by use of prohibited arms/ ammuntion carry with it an automatic death penalty?

No condoning the above state of affairs, merely pointing out the sheer stupidity of the laws we have in place currently.

Cheers!
Abhijeet

Buckshot, LG SG SSg et al are not prohibited ammo, at best they can be called ammunition which were recalled and they do not come under the schedule of prohibited arms or ammunition.

[mundaire]

Sudhaiob, as much as I'd like you to be right, I'm afraid you are mistaken on this one; any multiple projectile cartridge, which has projectiles with an individual dia equal to or exceeding 5 mm is classified as prohibited ammunition - hence maximum size allowed would be BBB, or you go in for a single projectile round like a slug or ball. See the relevant text of the notifications below:

G.S.R. 375 (E) (June 21, 1980): In exercise of the powers conferred by clause (h) of sub-section 2 of The Arms Act, 1959 (54 of 1959), the Central Government hereby specifies the following as prohibited ammunitions within the meaning of the said clause:

Any multiple projectile ammunition in which any projectile has a dimension of 5 mm or more.

G.S.R. 376 (E) (June 21, 1980) In exercise of the powers conferred by Section 11 of The Arms Act, 1959 (54 of 1959), the Central Government hereby prohibits the bringing in to India ammunition of the following description namely:

Any multiple projectile ammunition in which any projectile has a dimension of 5 mm or more.

When this notification came out, people who held stocks of such ammo were given a grace period within which to use up/ have it converted to a different loading. Once that grace period expired, anyone in possession of such ammo would be on the wrong side of the law and liable for prosecution. Even old cartridges, which may/ may not be serviceable any more would not be exempt from this.

As per the Arms Act the Govt. of India is well within its rights to declare arms & ammunition of any description as prohibited, merely through a notification to the effect.

Cheers!
Abhijeet

[Priyan]

So shotgun, the ultimate HD weapon doesn't fit in India. Hell! I wonder if .22 pellets would become prohibited ammo one day.