The Supreme Court of India expounds that ".....the appellants exercised their right of private defence, yet on the assessment of the evidence of the prosecution, we were unable to find any such provocation by the deceased”.
Apex Court Bench Court took note of the fact that the weapons used by the appellants included sticks, stones, and chopper, while there was nothing to show that the deceased or his family carried any weapon.
The Division Bench of Justice Sudhanshu Dhulia and Justice Prasanna B. Varale upheld the conviction of the appellants for murder, as confirmed by the High Court.
Brief Facts
The incident occurred in 2009 over a blocked road which led to quarrel followed by the appellant and others attacking the deceased and his family. The instant appeal challenged the decision of the Karnataka High Court, which confirmed the Trial Court’s decision convicting the appellants under Section 302 of the Indian Penal Code, 1860, sentencing them to life imprisonment, as well as conviction under Sections 324 and 326 of IPC.
Contentions of the Appellants
It was claimed on behalf of the appellants that it was the deceased who came to the appellant’s house and that the act of the deceased's family members prompted the appellants to exercise their right to private defence.
Observations of the Court
The Supreme Court highlighted the version of the deceased's daughter which remained unshaken, and appeared to be ‘a truthful version of the incident’ as regarded by the Supreme Court. She had clearly stated about the prequel of the incident followed by the quarrel and abuses and the role played by each of the accused-appellants.
The Apex Court observed that “on careful scrutiny of the version of the witnesses, it clearly shows that though it was the submission of the counsel for the appellants that the deceased himself went to the house of the accused and picked up a quarrel with the accused persons upon provocation by the deceased, the appellants exercised their right of private defence, yet on the assessment of the evidence of the prosecution, we were unable to find any such provocation by the deceased”. The Court further took note of the weapons used by the appellants including stick, stones, chopper, while there was nothing to show that the deceased or his family carried any weapon.
The Bench upheld the High Court’s reference to the decision in Darshan Singh Vs. State of Punjab & ANR., 2010 Latest Caselaw 58 SC wherein it was held that “The right of private defence is available only to one who is suddenly confronted with the necessity of averting an impending anger not of self creation. That being so, the necessary corollary is that the violence which the citizen defending himself or his property is entitled to use must not be unduly disproportionate to the injury which is sought to be averted or which is reasonably apprehended and should not exceed its legitimate purpose.” Following the principle laid in the said decision on instant facts, the Supreme Court highlighted that the deceased was unarmed while the armed accused persons led a brutal attack by stick, chopper and stones.
The Bench upheld the State Counsel’s reliance on the Apex Court’s decision in Virsa Singh. Vs. The State of Punjab, 1958 Latest Caselaw 18 SC laying down the principles for the prosecution to establish the nature of injuries so inflicted to prove the offence of murder.
Decision of the Court
The Supreme Court refused to interfere with the Karnataka High Court’s confirmation of conviction and sentence against the appellant and thereby upheld the impugned judgment and order. The Bench further recalled the bail granted to the appellants and directed them to surrender before the Trial Court within 4 weeks.
Case Title: Subhash @ Subanna & Ors. vs. State of Karnataka
Case No.: Criminal Appeal No. 328 of 2012
Citation: 2024 Latest Caselaw 230 SC
Coram: Justice Sudhanshu Dhulia and Justice Prasanna B. Varale
Advocates for the Appellants: Dr. Mrs. Vipin Gupta, AOR
Advocates for the Respondent: Mr. D. L. Chidananda, AOR
Read Judgment @LatestLaws.com
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