RANBIR SINGH & ORS. versus STATE OF HARYANA

RANBIR SINGH & ORS. versus STATE OF HARYANA

The accused acted in excess of their right of self-defence and were not the aggressors; therefore, Exception 2 to Section 300 IPC applies and conviction under Section 302 IPC is altered to Section 304 Part I IPC; sentence reduced to period already undergone.

Parties
Appellants: Ranbir Singh & Ors.; Respondent: State of Haryana
Jurisdiction
India
Judgment Date
30 April 2009
Procedural Posture
Criminal Appeal No. 604 of 2006 / Supreme Court – Appeal Against High Court Decision
Outcome
Appeal partly allowed
Legal Topics
Self Defence, Culpable Homicide Not Amounting to Murder, Exception 2 to Section 300 IPC, Burden of Proof, Section 304 Part I IPC
Criminal Law Self Defence Culpable Homicide Not Amounting to Murder Exception 2 to Section 300 IPC Burden of Proof Section 304 Part I IPC

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Parties

Ranbir Singh & Ors.

Appellants

State of Haryana

Respondent

Procedural Posture

Criminal Appeal No. 604 of 2006 / Supreme Court – Appeal Against High Court Decision

Legal Issues

  1. 1 Whether the accused exceeded their right of self-defence resulting in the death of the deceased
  2. 2 Whether Exception 2 to Section 300 IPC applies to alter the conviction from murder to culpable homicide not amounting to murder

Ratio Decidendi

The accused acted in excess of their right of self-defence and were not the aggressors; therefore, Exception 2 to Section 300 IPC applies and conviction under Section 302 IPC is altered to Section 304 Part I IPC; sentence reduced to period already undergone.

Court Disposition

Appeal partly allowed

Orders

  • Conviction under Section 302 read with 34 IPC altered to Section 304 Part I read with Section 34 IPC
  • Sentence reduced to period already undergone (about nine years)