HARISH KUMAR AND ANR. versus STATE OF M.P.

HARISH KUMAR AND ANR. versus STATE OF M.P.

In the peculiar facts and circumstances, the accused fired a single shot without intention to murder any particular individual, amidst apprehension of danger to themselves and family against a backdrop of prior unpleasantness and assembly of complainant party; this act was within exercise of the right of private defence, entitling them to acquittal.

Parties
Appellant: Harish Kumar; Appellant: Ram Sharan; Respondent: State of Madhya Pradesh
Jurisdiction
India
Judgment Date
09 July 1996
Procedural Posture
Criminal Appeal / Appeal Against High Court's Reversal of Acquittal; Supreme Court Final Appellate Decision
Outcome
Appeal allowed; appellants acquitted of all charges.
Legal Topics
Private Defence, Murder, Attempt to Murder, Evidentiary Value of Dying Declaration
Criminal Law Private Defence Murder Attempt to Murder Evidentiary Value of Dying Declaration

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Parties

Harish Kumar

Appellant

Ram Sharan

Appellant

State of Madhya Pradesh

Respondent

Procedural Posture

Criminal Appeal / Appeal Against High Court's Reversal of Acquittal; Supreme Court Final Appellate Decision

Legal Issues

  1. 1 Whether the appellants acted in exercise of the right of private defence of person
  2. 2 Whether conviction under Section 302/34 and Section 307/34 IPC was justified
  3. 3 Reliability and evidentiary value of dying declaration

Ratio Decidendi

In the peculiar facts and circumstances, the accused fired a single shot without intention to murder any particular individual, amidst apprehension of danger to themselves and family against a backdrop of prior unpleasantness and assembly of complainant party; this act was within exercise of the right of private defence, entitling them to acquittal.

Court Disposition

Appeal allowed; appellants acquitted of all charges.

Orders

  • Judgment and order of the High Court set aside.
  • Order of the Court of Session (acquittal) restored.