Latest Judgement of Supreme Court Of India .
COURT NAME :- Supreme Court of India (Division Bench (DB)- Two Judge)
CASE NAME :- EX. CT. MAHADEV Versus THE DIRECTOR GENERAL, BORDER SECURITY FORCE & ORS. Appeal (Civil), 2606 of 2012,
JUDGEMENT DATE :- Jun 14, 2022
RELATED SECTION :- INDIAN PENAL CODE, 1860
Section 302 – Punishment for murder
HIMA KOHLI, J.
- The appellant is aggrieved by the judgement dated 3rd March, 2011 passed by
the Division Bench of the High Court of Delhi dismissing a writ petition filed by him,
registered as WP(C)No.6709/2008, wherein he had challenged the order dated 19th
March, 2008 passed by the respondent No.4 herein convicting him to life imprisonment
for an offence committed under Section 46 of the Border Security Force Act, 19681
, that is to say for murder punishable under Section 302 of the Indian Penal Code, 1860
By the impugned order, the Division Bench has upheld the order passed by the respondent
No.2 – Appellate Authority, whereby the statutory appeal filed by the appellant was
dismissed and the order dated 10th March, 2007 passed by the General Security Force
Court was upheld.
- On a broad conspectus of the events as they had unfolded, we are of the opinion
that the right of private self defence would be available to the appellant keeping in mind
preponderance of probabilities that leans in favour of the appellant. In a fact situation
where he was suddenly confronted by a group of intruders, who had come menacingly
close to him, were armed with weapons and ready to launch an assault on him, he was
left with no other option but to save his life by firing at them from his rifle and in the
process two of the shots had pierced through the deceased, causing his death. We are
therefore of the opinion that the appellant ought not to have been convicted for having
committed the murder of the deceased. Rather, the offence made out is of culpable
homicide not amounting to murder under Exception 2 to Section 300 IPC, thereby
attracting the provisions of Section 304 IPC.
- In view of the aforesaid discussion, the appeal is partly allowed and the
impugned judgment is modified to the extent that the appellant is held guilty for the
offence of culpable homicide, not amounting to murder as contemplated under
Exception 2 to Section 300 IPC. Records reveal that by the time the appellant was
granted bail by this Court on 4th July, 2016, he had already suffered incarceration for a
period of over eleven years, which given the peculiar facts and circumstances of the
present case, is considered sufficient punishment for the offence. The appellant is
accordingly set free for the period already undergone and the bail bonds stand
- The appeal is disposed of on the above terms.
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