Paridhi Arya
Published on June 15, 2022 at 16:03 IST
The Bench of Justice BR Gavai and Justice Hima Kohli observed that when the plea of self defence is taken than it is not needed to prove beyond reasonable doubt, only dominance of probabilities is sufficient to show.
The Appellant was serving in BSF when was convicted by the General Security Force Court under Section 302 of IPC. He made an appeal before Delhi High Court but his appeal was dismissed. He alleged of murdering a civilian.
The Appellant contended that he confronted suddenly with people who are armed and they also surrounded him so in an action of self defence he used his weapon and shot him.
The respondent opposed the argument by submitting that there is evidence that firstly civilian was made to kneel down and then he was shot with two bullets.
The Court observed that principle of self defence is taken is enshrined because every human has embedded feeling of self- preservation in their DNA. Under Section 100 of IPC clearly mentions that when there is apprehension of danger to such an extent of grievous hurt which can lead to death so person’s right to private defence extent to causing death.
The Court pointed out that smuggling was very often takes place in that area and civilian who died named as smuggler in the list. The Court noticed that there is apprehension of death because of which appellant shot and another member of group only had injury. So, Court allowed the appeal in the case.