VidhiSangh

Supreme Court of India · 31/10/2018

JANGIR SINGH versus THE STATE OF PUNJAB

[2018] 13 S.C.R. 731 · 2018 INSC 1025

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Summary

The Supreme Court altered the appellant’s murder conviction to culpable homicide under Section 304 Part I IPC. Evidence supported his perception of imminent danger when the deceased aimed a rifle during an altercation, but firing at the chest exceeded legitimate private defence. The Court found good faith and absence of premeditation, attracting Exception 2 to Section 300. Having already served ten years of actual imprisonment, he was ordered released unless required in another case.

Issues

  1. Whether the evidence established a right of private defence.
  2. Whether the appellant exceeded that right so that Exception 2 to Section 300 applied.
  3. What conviction and release directions followed.

Provisions considered

Held

Result

Appeal disposed of. Conviction under Section 302 altered to Section 304 Part I IPC; appellant directed to be released forthwith in view of custody already served, unless required in another case.

Judgment PDF: Supreme Court of India, [2018] 13 S.C.R. 731.