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Trilok Singh v. State (Delhi Administration) .
Factual and Procedural Background
The appellant was initially tried for the murder of Sunder and for causing injuries to Ranjit Singh (PW 25). The prosecution alleged that on 1 July 1976, after a quarrel arising out of prior hostility, the appellant went into his house, returned with a knife, and stabbed both the deceased and PW 25. Sunder died while being taken to hospital; PW 25 survived.
The Sessions Court acquitted the appellant of offences under Sections 302 and 307 of the Indian Penal Code (IPC) and Section 27 of the Indian Arms Act, 1957, on the ground that he had acted in the exercise of his right of private defence. On the State’s appeal, the High Court reversed the acquittal, convicted the appellant under Section 302 IPC, and sentenced him to life imprisonment with an additional one-year rigorous imprisonment under Section 27 of the Arms Act.
The appellant then filed the present criminal appeal challenging the High Court’s conviction.
Legal Issues Presented
- Whether the appellant was acting within the ambit of the right of private defence when he caused the death of Sunder and injuries to PW 25.
- If a right of private defence existed, whether the appellant exceeded that right, thereby attracting culpability under Section 304 Part I IPC instead of Section 302 IPC.
- The appropriate sentence in light of the appellant’s conduct and the injuries he himself sustained.
Arguments of the Parties
Prosecution
- The appellant, after an initial quarrel, went inside his house, armed himself with a knife, and intentionally stabbed the deceased and PW 25.
- No imminent threat justified the use of lethal force; hence, the right of private defence was unavailable.
Defence/Appellant
- PW 25, described as aggressive and armed with a dagger, initiated the attack at the appellant’s residence.
- The appellant acted to protect himself; the fatal injury to the deceased occurred when PW 25’s dagger accidentally struck Sunder during the scuffle.
- The appellant sustained a grave injury resulting in the loss of his left eye, underscoring the imminent danger he faced.
Table of Precedents Cited
No precedents were cited in the provided opinion.
Court's Reasoning and Analysis
The Court accepted that both sides were present at the scene and that previous hostility existed. It found:
- The arrival of PW 25—known for aggressive behaviour—could reasonably create apprehension of harm in the appellant’s mind, thereby giving rise to a right of private defence.
- However, the appellant’s act of returning from his house with a knife and inflicting a fatal blow went beyond what was necessary for self-protection.
- The right of private defence is not unlimited; by causing death in these circumstances, the appellant exceeded that right.
- Consequently, the case fell under an exception to Section 300 IPC, converting the offence from murder (Section 302) to culpable homicide not amounting to murder (Section 304 Part I).
Holding and Implications
Conviction under Section 302 IPC and life sentence set aside; appellant convicted under Section 304 Part I IPC and sentenced to two years’ rigorous imprisonment.
The ruling narrows the scope of the appellant’s right of private defence, illustrating that an individual may initially possess such a right yet still incur liability if they use excessive force. The decision offers limited precedential value beyond reaffirming established principles on the limits of self-defence.
Order
1. The appellant was tried for an offence of causing the murder of Sunder. The trial court acquitted him of the charges under Sections 302 and 307 of the IPC and Section 27 of the Indian Arms Act, 1957 by giving the benefit of right of private defence. The State preferred an appeal and the High Court disagreed with the verdict of the Sessions Judge, convicted the appellant under Section 302 IPC and sentenced him to undergo imprisonment for life and one year's RI under Section 27 of the Indian Arms Act.
2. It is a case where much of the prosecution case is not in dispute. The deceased is the brother of PW 25 (Ranjit Singh). The deceased and accused live in the vicinity. It is alleged that the deceased used to receive love letters from the sister of the accused and because of that there was hostility between the accused and the deceased. PW 24 is another brother of the deceased. On 1-7-1976 at about 8.30 p.m the sister of PW 24 sent him to take out Anil, son of PW 25, for a while. It is alleged that when PW 24 went to that place he found the appellant-accused quarreling with the deceased. Then PW 24 went back to the house and reported the matter to PW 25, who went to the place where the accused and deceased were quarrelling. Seeing PW 25 the appellant ran to his own house and brought a knife and inflicted blows on the deceased as well as on PW 25. The deceased and PW 25 were taken to the hospital but in the meanwhile the deceased expired. Necessary medical aid was given to PW 25. A report was given to the police. The case was registered and necessary investigations were made. PW 25 was treated for some time by the doctor. The accused had an injury in the left eye and he was also treated by the doctor. After completion of the investigation the charge-sheet was laid.
3. The accused denied the offence. However, he gave an explanation as to how he as well as the deceased and PW 25 happened to receive injuries. He stated that PW 25 was of bad character and a daredevil. On the date of occurrence PW 25 came with a dagger at his house. As soon as he came out of his house PW 25 attacked him with the dagger. He put the deceased in between with the result the dagger hit the deceased on his chest. In order to save himself he caught hold of Ranjit's arm and snatched the dagger from him. PW 25 advanced towards him to kill him by snatching the dagger which struck in his abdomen. He, therefore, fled from the spot. He also further stated that he has lost his left eye and he is putting an artificial eye.
4. From the above narration it can be seen that the presence of the accused, deceased, PW 24 and PW 25 at the scene is not in dispute. While according to the prosecution the accused went inside the house and brought a knife and stabbed the deceased as well as PW 25, the version of the accused is that PW 25 was initially armed with the knife and tried to stab him, the deceased in between received the blow given by PW 25 which fell on the chest of the deceased and resulted in a fatal injury. The trial court held that there was a reasonable apprehension on the part of the accused that death was likely to be caused on him and, therefore, he was right in protecting himself by causing the death of the deceased as well as causing injury to PW 25 and, therefore, he was entitled to the benefit of self-defence.
5. The learned Judges of the High Court have after a detailed discussion of the entire evidence reached the conclusion that the version given by the accused is such that it cannot be accepted and the prosecution evidence established that the murder was committed intentionally by the accused and therefore there was no right of private defence. Thus the whole question lies in the narrow compass.
6. We have gone through the entire evidence of PW 24 and PW 25. The evidence of PW 24 is to the effect that he saw the accused and the deceased were quarrelling and he went to the house and informed PW 25. In the cross-examination of PW 25 we find that he was involved in some other crimes. He on being informed by PW 24 went to the scene of occurrence and at that juncture it was reasonable for the accused to apprehend some danger would be caused to him. It cannot, therefore, be said that there was no apprehension at all on his part. Having seen these two brothers and in the background of the previous enmity and the aggressiveness of PW 25 it is but natural for the accused to apprehend that there was every likelihood of causing some hurt to him. In such a situation even if it is alleged by the prosecution that the accused went and came back with a knife and inflicted injury, even then it cannot be said that he did not act in exercise of the right of private defence. In the circumstances when the deceased and PW 25 came together aggressively against him, it was but natural for the accused to apprehend that they would definitely cause some hurt to him. Therefore, we are satisfied that the accused inflicted injury in exercise of his right of self-defence. But the question is whether he could go to the extent of causing the death. No doubt in a situation like this it cannot be expected that the accused has to modulate his right of self-defence. But when he went to his house and brought a knife and caused the death it cannot be said that he did not exceed the right of private defence. We cannot give the benefit to the appellant under Section 100 IPC and the act committed by him only attracts exception to Section 300 IPC. Therefore the offence committed by him could be one under Section 304 Part I IPC.
7. We set aside the conviction under Section 302 IPC and the sentence of imprisonment for life awarded to the appellant. Instead we convict him under Section 304 Part I IPC. Taking into consideration all circumstances of the case and also the fact that the accused had an injury and he has lost his left eye we think the sentence of two years will meet the ends of justice and accordingly he is sentenced to two years' RI.
8. The criminal appeal is disposed of accordingly.
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