EX. CT. MAHADEV versus THE DIRECTOR GENERAL, BOARDER SECURITY FORCE & ORS.

EX. CT. MAHADEV versus THE DIRECTOR GENERAL, BOARDER SECURITY FORCE & ORS.

On the preponderance of probabilities, having regard to the patrolling context, prevalence of smuggling, eyewitness evidence placing the appellant on higher ground, and plausible explanation of bullet trajectory by uneven terrain, the appellant was entitled to claim private defence; the killing fell within Exception 2 to Section 300 IPC (culpable homicide not amounting to murder) and the conviction for murder was modified accordingly to attract Section 304 IPC; given incarceration already undergone (over eleven years) the period was considered sufficient and the appellant was set free and bail bonds discharged.

Parties
Appellant: Ex. Ct. Mahadev; Respondent: The Director General, Border Security Force & Ors.
Jurisdiction
India
Judgment Date
14 June 2022
Procedural Posture
Civil Appeal / Appeal Before Supreme Court
Outcome
Appeal partly allowed.
Legal Topics
Right of Private Defence, Self Defence, Culpable Homicide, Murder, Burden of Proof, Sentencing, Appeal
Border Security Force Act, 1968 Indian Penal Code, 1860 Indian Evidence Act, 1872 Criminal Law Right of Private Defence Self Defence Culpable Homicide Murder +3 more

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Parties

Ex. Ct. Mahadev

Appellant

The Director General, Border Security Force & Ors.

Respondent

Procedural Posture

Civil Appeal / Appeal Before Supreme Court

Legal Issues

  1. 1 Whether the appellant was entitled to exercise the right of private defence in the facts and circumstances of the case
  2. 2 Whether the offence constituted murder under Section 302 IPC or culpable homicide not amounting to murder under Exception 2 to Section 300 IPC (attracting Section 304 IPC)
  3. 3 What burden of proof applies to a plea of self-defence under Section 105 of the Evidence Act

Ratio Decidendi

On the preponderance of probabilities, having regard to the patrolling context, prevalence of smuggling, eyewitness evidence placing the appellant on higher ground, and plausible explanation of bullet trajectory by uneven terrain, the appellant was entitled to claim private defence; the killing fell within Exception 2 to Section 300 IPC (culpable homicide not amounting to murder) and the conviction for murder was modified accordingly to attract Section 304 IPC; given incarceration already undergone (over eleven years) the period was considered sufficient and the appellant was set free and bail bonds discharged.

Court Disposition

Appeal partly allowed.

Orders

  • Impugned judgment modified: appellant convicted of culpable homicide not amounting to murder under Exception 2 to Section 300 IPC and Section 304 IPC attracted
  • Appellant set free for the period already undergone (over eleven years)