No wrong in killing in self-defence: SC

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ai

No wrong in killing in self-defence: SC

Post by ai » Fri Mar 13, 2009 8:20 pm

Interesting Judgement. (Courtesy- TOI)

http://epaper.timesofindia.com/Default/ ... =HTML&GZ=T

No wrong in killing in self-defence: SC

New Delhi: The Supreme Court on Thursday ruled that killing a person in self-defence was permitted under the law. It gave the verdict while acquitting two persons in a 30-year-old murder case.
“A person can kill another when there exists a reasonable apprehension that his adversary is going to cause him/her grievous injury even though he might not have actually inflicted any,’’ a bench of Justices D Bhandari and H S Bedi said.
The bench passed the ruling while dismissing an appeal filed by the UP government against the acquittal of the accused, Gajey Singh and Rajpal Singh, in a 1979 murder in Meerut. One Lakhi Ram and a few others had assaulted Gajey and Rajpal. In retaliation, Rajpal fired a shot, resulting in Ram’s death.
The trial court had convicted the duo for murder and sentenced them to life terms, but they were acquitted by the Allahabad high court which said they had acted in self-defence. The state government then moved the apex court.
The apex court said there was sufficient evidence to indicate that Ram and his accomplices had come to the house of the accused and assaulted them with sharp weapons, resulting in grievous injuries to both of them. AGENCIES

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rcdoma
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Re: No wrong in killing in self-defence: SC

Post by rcdoma » Fri Mar 13, 2009 9:04 pm

Glad that was sorted out. Too bad the state went after them with a vengeance even though it was a SD situation. Another classic case of guilty untill proven innocent.

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Yaj
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Re: No wrong in killing in self-defence: SC

Post by Yaj » Fri Mar 13, 2009 11:56 pm

ai wrote: The trial court had convicted the duo for murder and sentenced them to life terms, but they were acquitted by the Allahabad high court which said they had acted in self-defence. The state government then moved the apex court.
I wish the government would be that pro-active and diligent in cases that deserve this sort of perseverance.
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Yaj.
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Re: No wrong in killing in self-defence: SC

Post by BJL » Fri Mar 13, 2009 11:59 pm

I wonder if they can counter-sue for all that rigmarole of 30 years. Would probably take another 30 years to settle anyway. Self defense is an unquestionable natural right for every living being.
“To be both a speaker of words and a doer of deeds”- The Iliad.

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