No wrong in killing in self-defence: SC
Posted: Fri Mar 13, 2009 8:20 pm
Interesting Judgement. (Courtesy- TOI)
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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
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