The Madurai Bench of the Madras High Court has acquitted a suspended Sub-Inspector of Police, A. Kalidass, of all charges in a 2014 custodial death case.
He was sentenced to life imprisonment by a trial court for having shot dead an accused during an interrogation at a police station in Ramanathapuram district. The court held that the appellant had acted in self-defence.
In 2019, the Principal District and Sessions Court in Ramanathapuram had sentenced Mr. Kalidass to life imprisonment for having shot dead K. Syed Mohammed during an interrogation at S.P. Pattinam police station in 2014. Mr. Kalidass preferred an appeal against the trial court judgment in 2020.
The suspended SI said Syed Mohammed was being interrogated at the police station based on a complaint filed by a two-wheeler mechanic. The complainant had alleged that Syed Mohammed had attempted to kill him following a dispute over returning a two-wheeler left for repair.
Mr. Kalidass said during the interrogation, Syed Mohammed attempted to assault him with a knife. He sustained injuries and in self-defence he fired three rounds at the accused from his service revolver. He said had he not opened fire, he would have been stabbed to death.
There was no motive to kill the accused. Even when the police secured Syed Mohammed, he used filthy language against them under the influence of alcohol, Mr. Kalidass said.
Allowing the appeal, a Division Bench of Justices G. Jayachandran and C. Kumarappan observed that the appellant had proved that he had reasonable apprehension of getting hurt grievously at the hands of the deceased. The degree of his apprehension could not be tested with any straightjacket formula, the court observed.
The weapon used, the manner and the nature of the assault and other circumstances would limpidly and indubitably demonstrate that this case fell within the scope of the second exception of Section 300 of the Indian Penal Code, read with Section 100 of the Indian Penal Code, the court observed.
After making the observations, it set aside the trial court judgment and acquitted Mr. Kalidass of all charges. The court directed that the fine amount already paid, if any, should be refunded to the appellant.
