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PANKAJ BHANDARI, BHUWAN GOYAL
Harna @ Harnath Singh – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT :
(Pankaj Bhandari, J.)
Accused appellants have filed the instant appeal aggrieved by the judgment of conviction and order of sentence dated 03.04.1993 passed by the Additional Sessions Judge, Hindaun City whereby all the accused appellants were acquitted for offence under Sections 147, 148, 302/149, 324/149, 323/149 of the Indian Penal Code (hereinafter referred to as "IPC") and appellant - Harna @ Harnath Singh has been convicted for offence under Section 302 of IPC and has been sentenced to life imprisonment along with a fine of Rs.1 Lac and in default of payment of fine, to further undergo rigorous imprisonment of 7 years and accused appellants - Shyam Singh, Shivbhan, Shiv Singh and Babu Singh have been convicted for offence under Section 323 of IPC and have been sentenced to rigorous imprisonment for 6 months each.
2. During the pendency of the appeal, appellant No.4 - Shiv Singh has expired and the appeal stands abated qua appellant No.4 - Shiv Singh. Now, the appeal survives qua appellant Nos.1, 2, 3 and 5 - Harna @ Harnath Singh, Shyam Singh, Shivbhan and Babu Singh.
3. Succinctly stated the facts of the case are that on 27.10.1990 at 7:00 PM a written report (Exh
The right of private defense under IPC Sections 100 and 102 was upheld, leading to the acquittal of the accused as they acted in self-defense during the incident.
The right of private defense is justified when imminent danger is present, and the response must be proportionate to the threat.
Point of Law : It is well established law that while exercising right of private defence, it is not required that defence be modulated step by step.
Multiple stab wounds on the body of the deceased call for conviction of the accused u/s 302 IPC.
The court established that the accused acted in self-defense against an unlawful assembly, leading to their acquittal despite initial convictions.
To establish a case under Section 34 of I.P.C. prosecution has to prove prior meeting of minds which may be determined from the conduct of the offenders unfolding itself during the course of action a....
Minor inconsistencies in eyewitness testimony do not undermine the overall credibility of the case, particularly when witnesses have sustained injuries and evidence reflects a disproportionate respon....
The court established that actions taken in the heat of passion without premeditation can lead to a conviction for culpable homicide rather than murder.
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