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Supreme Court of India 2019-03-07 allowed

Sukumaran vs State Rep. by the Inspector of Police

Bench: 2 — Abhay Manohar Sapre

In Brief

A forest ranger (the appellant) shot and killed a lorry driver in a confrontation in a forest area suspected of sandal wood smuggling. The Sessions Judge convicted him of murder under Section 302 IPC; the High Court downgraded this to culpable homicide not amounting to murder under Section 304 Part II IPC, sentencing him to five years' imprisonment. The Supreme Court acquitted the appellant entirely. The Court found that the prosecution failed to prove its case beyond reasonable doubt, as all eyewitnesses were declared hostile. More significantly, the Court held that the appellant was entitled to exercise private defence: the deceased party had pelted stones at the appellant's vehicle, shouted "fire them," and possessed a gun. The appellant, as a forest ranger on duty with reasonable apprehension of death or serious injury, was justified in firing his gun to protect himself and his driver.

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Criminal Law Private Defence Self-Defence Penal Code – Murder and Culpable Homicide Evidence Law Hostile Witnesses Forest Laws

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