In a not so common judgment, the Madras High Court Bench here has set aside the conviction and life sentence imposed on a murder convict, extending the benefit of right to self-defence available under Sections 97 and 100 of the Indian Penal Code.
Allowing a criminal appeal filed by K. Ganesan of Thiruppuvanam Pudur in Sivaganga district, a Division Bench of Justices S. Nagamuthu and V.S. Ravi held that the appellant’s act of having stabbed the victim thrice “is not an offence” in view of Section 97 of IPC.
The Section states that every person had a right, subject to restrictions contained in Section 99, to defend his own body and the body of any other person against any offence affecting the human body.
The defence could also be to prevent theft, robbery, mischief or criminal trespass.
Further, Section 100 lists instances when a person could go to the extent of causing death in private defence and include occasions when the person suffers an assault which may reasonably cause an apprehension of death or grievous hurt, an assault with the intention of committing rape and so on.
In the present case, it was the victim Iyyanar, a tuition teacher, who had attacked the appellant first with a wooden log. “Therefore, the accused would have had the reasonable apprehension that further attack with the log would result in his death or grievous hurt.
“Thus, he had the right of private defence which would extend to the causing of death. The act of the accused would squarely fall within the ambit of Section 100 of IPC,” the judges observed before acquitting the appellant of all charges and ordering refund of fine amount, if any, paid by him.
Though Additional Public Prosecutor A. Ramar contended that the appellant had exceeded his right to private defence by inflicting as many as three stab injuries, the judges said that a person facing threat to his life could not be expected to measure the extent of defence required for self-defence.
They quoted a 1980 Supreme Court judgement in Mohammed Ramzani’s case wherein it was said: “A person faced with imminent peril of life and limb of himself or another is not expected to weigh in golden scales the precise force needed to repel the danger.”
High Court extends benefit of right to self-defence under Sections 97 and 100
