In Brief
Suresh Singhal was convicted of murdering two brothers during a property dispute meeting. The Supreme Court found that a physical scuffle ensued when the brothers attempted to strangle the appellant, who then shot the deceased Shyam Sunder. The Court held that a mere reasonable apprehension of danger suffices to invoke the right of private defence; actual assault is not necessary. The shooting, occurring in sudden passion without premeditation, fell within Exception 4 to Section 300 IPC, constituting culpable homicide rather than murder. The murder conviction was set aside; conviction under Section 304 IPC was upheld. The appellant, who had served 13½ years, was released immediately.
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