Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(MP) 1061

IN THE HIGH COURT OF MADHYA PRADESH AT INDORE
PRAKASH CHANDRA GUPTA, J.
Baboo Khan, S/o. Yaseen Khan, (Died) and Ors. – Applicant
Versus
The State Of M.P., Through P.S. Khudel, District Indore (Madhya Pradesh) – Respondents
Criminal Appeal No. 432 of 2000
Decided On : 01-11-2023

Advocates Appeared:
For the Applicant : Shri R.K. Trivedi, Learned Counsel.
For the Respondents: Shri Vinod Thakur, Learned G.A.

The court affirmed the right to private defense in property disputes, ruling that actions taken by the accused were justified under IPC provisions, thus overturning their conviction.

Headnote:(A) Code of Criminal Procedure, 1973 - Section 374(2) - Indian Penal Code, 1860 - Sections 147, 307 r/w 149, 324 r/w 149 - Conviction of accused by trial court for charges primarily related to assault with intent to kill, based on ongoing property dispute - The trial court's findings were intended to reflect aggression by accused; however, substantial evidence indicated actions taken in private defense of property, as evidenced in Section 104 IPC - (Paras 6, 27, 31)

(B) Private Defense - Right to protect property - The appellants were found acting within the limits of their right to private defense; hence their actions could not be construed as criminal - The judgment failed to account for evidence supporting private defense. (Paras 31, 33)

Facts of the case:
The appellants were convicted following a violent confrontation over land where complainants were constructing a hut on what they claimed was their property, but which was found to be in the possession of the accused party. (Paras 1, 10, 30)

Findings of Court:
The court determined that the appellants' actions were legitimate under the framework of private defense and set aside the trial court's judgment, deeming it flawed. (Paras 33)

Issues: Whether the accused acted in self-defense and whether the prosecution proved their case beyond a reasonable doubt. (Paras 31, 26)

Ratio Decidendi: The court reasoned that the prosecution failed to substantiate claims of intent to kill, as both parties engaged in mutual aggression; the defense exercised was deemed valid under IPC provisions. (Paras 31, 28)

Result: Appeal allowed; the conviction and sentences were overturned, and the appellants acquitted. (Paras 33)

Table of Content
1. conviction details and prior case context (Para 1 , 2 , 4 , 5)
2. evidence and prosecution responsibility (Para 6 , 7 , 8)
3. medical examination results (Para 13 , 15 , 17 , 19)
4. witness statements and their reliability (Para 22 , 23 , 24)
5. right to private defense and criminal trespass (Para 27 , 30 , 31)
6. conclusion and acquittal order (Para 33 , 34)

ORDER :

PRAKASH CHANDRA GUPTA, J.

The appellants/accused persons have filed this appeal u/s 374(2) of CrPC being aggrieved by judgment of conviction and order of sentence dated 06/04/2000 passed by XIV^th ASJ Indore, in S.T. no.1/1993 whereby the learned trial court has convicted the appellants u/s 148, 307 r/w 149 (2 counts), 324 r/w 149 of IPC and sentenced to rigorous imprisonment for 1 year, 5 years (Two counts) and fine of Rs. 500/- and 6 months, to each, respectively, with default stipulation.

2. It was undisputed fact before the learned trial court that a cross sessions case no.158/1993, State of Madhya Pradesh Vs. Ramzan and 5 others, offence punishable u/s 147, 323 r/w 149, 324 r/w 149 and 307 r/w 149 of IPC, was pending against the complainant party Ramzan (PW/ 11), Abdul Malik (PW/ 1), Abdul Khaliq (PW/ 2) and witnesses Chand Babu (PW/ 5), Naoshad Khan (PW/ 6) and Razzaq (PW/ 4). The aforementioned case was decided on 20/11/1995 by Ist Additional Sessions Judge, Indore, whereby the complainant party/ accused persons were acquitted.

3. During pendency of this appeal, appellant no.1/ accused Babu Khan had died, therefore, this appeal has been abated against him.

4. Prosecution story in brief is that Abdul Malik (PW/ 1), Abdul Khaliq (PW/ 2), Chand Babu (PW/ 5) and Naoshad Khan (PW/ 6) being real brothers and are son of Ramzan (PW/ 11). Complainant party has an agricultural land situated at Kazi Palasia, P/S Khudail, Distt- Indore. Near the aforementioned land of complainant, land of accused/ Babu Khan (died) is situated. Complainant party had gotten their land demarcated. Upon demarcation it was found that some portion of land of the complainant was in possession of the accused Babu Khan. The complainant party had made a hut in that said portion of land. On 10/09/1992 at 06:30 PM, complainant Abdul Malik (PW/ 1), Abdul Khaliq (PW/ 2) and Ramzan (PW/ 11) were in their hut. Then the accused persons, Babu Khan carrying Pharsa, Munna carrying Sabbal, Gulam Navi carrying Luhangi with stick, Bhaiyu carrying Gupti and Arif carrying Lathi, came there and asked the complainant party as why they had constructed hut in their piece of land. Complainant party said that piece of land belongs to them. On this, the accused persons with their respective weapon gave blows to Abdul Malik (PW/ 1), Abdul Khaliq (PW/ 2) and Ramzan (PW/ 11) with intent to kill them. The complainant party sustained injuries in distinct body parts. The incident was seen by Abdul Razzaq (PW/ 13), Mohammad Mustaq (PW/ 3) and Navi Hussain. Abdul Malik (PW/ 1) had given intimation to the police and on the same day at 06:45 PM, SHO L.S. Solanki (PW/ 9) had recorded an FIR (Ex.P/ 1) at P/S Khudail, Distt- Indore against the accused persons. The injured persons Ramzan (PW/ 11), Khalik (PW/ 2) and Malik (PW/ 1) were taken for medical examination. Dr. A.K. Jain (PW/ 7) examined them on the same day and had given MLC report (Ex.P/ 21, P/22 & P/23). The injured persons were admitted for treatment at M.Y. Hospital, Indore by Dr. Sushila Kumawat (PW/ 8). Dr. Kapil Sahay (PW/ 14) had taken X-ray of Abdul Khaliq (PW/ 2), Abdul Malik (PW/ 1) and Ramzan (PW/ 11) and had given X-ray report (Ex.P/ 38, P/ 39 & P/40, respectively). After examination it was found that only Abdul Malik (PW/ 1) had fracture in his clavicle and left index finger.

5. During investigation on 10/09/1992 SHO L.S. Solanki visited the place of incident and prepared spot map (Ex.P/ 2) at the instance of Abdul Malik (PW/ 1) and in presence of witnesses. Halka Patwari Chogalal (PW/ 16) also prepared a spot map (Ex.P/ 41) and had given certified cop