KRISHNAN versus STATE OF TAMIL NADU

KRISHNAN versus STATE OF TAMIL NADU

On facts and evidence of PW 2 and the appellant's plausible explanation under Section 313 Cr.P.C., the plea of self-defence is established. The appellant hit the deceased with the thorn stick in a reflex action to protect himself, not with intention to kill. Thus, the appellant is acquitted as his act was in exercise of right of private defence.

Parties
Appellant: Krishnan; Respondent: State of Tamil Nadu
Jurisdiction
India
Judgment Date
14 August 2006
Procedural Posture
Criminal Appeal / Supreme Court Appeal Against High Court Judgment
Outcome
Appeal allowed; appellant acquitted.
Legal Topics
Murder, Culpable Homicide, Self Defence, Evidence, Burden of Proof
Criminal Law Murder Culpable Homicide Self Defence Evidence Burden of Proof

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 8 Party arguments 2
Sign in to unlock

Parties

Krishnan

Appellant

State of Tamil Nadu

Respondent

Procedural Posture

Criminal Appeal / Supreme Court Appeal Against High Court Judgment

Legal Issues

  1. 1 Whether the appellant's act amounts to murder or is covered by the right of private defence
  2. 2 Whether the appellant successfully established plea of self-defence under Section 105 Evidence Act read with Sections 96 to 106 IPC

Ratio Decidendi

On facts and evidence of PW 2 and the appellant's plausible explanation under Section 313 Cr.P.C., the plea of self-defence is established. The appellant hit the deceased with the thorn stick in a reflex action to protect himself, not with intention to kill. Thus, the appellant is acquitted as his act was in exercise of right of private defence.

Court Disposition

Appeal allowed; appellant acquitted.

Orders

  • Convictions under Sections 302 and 323 IPC set aside.
  • Appellant acquitted of charges.