Brij Lal Vs. State of Rajasthan
Indian Penal Code,1860 - Section 302 , Section 307 , Section 324 , Section 34 , The Arms Act,1959 - Section 25 , Section 27 , The Indian Evidence Act, 1872 - Section 105
Murder - Plea of self defence - Held, there is overwhelming evidence produced by the prosecution, affirming that the crowd which had gathered at the place of occurrence, consequent upon the shouting of PW-1, was unarmed. There is also evidence on the record of the case to authenticate, that all the villagers were only persuading the accused and his co-accused, not to insist on carrying out their threat, to murder PW-15. The testimony of the prosecution witnesses also demonstrates, that there was substantial distance between the villagers, and the place at which the accused were standing in the opposite of the house of S. Not only PW-1, but also PW-15, expressly deposed that none of the neighbours and co-villagers, was armed. Moreover, the reiteration by the witnesses, that the crowd comprised of men, women and children, by itself is sufficient, to infer that the neighbours and co-villagers were not aiming at causing any harm or injury to the accused-appellant or the co-accused. It cannot be overlooked, that one of the deceased was a woman, and one of the injured was a child of 5 years. On taking into consideration the entirety of the facts and circumstances of the case, especially the absence of any material evidence produced by the appellant (to demonstrate that gunshots fired by the accused and the co-accused were in self-defence), the instant contention cannot be accepted. There is no evidence to demonstrate, that the accused and the co-accused were actually attacked, and it was as a matter of self-defence that they fired at the crowd, with their pistols. Therefore find no merit in the contention, advanced by counsel for the appellant.
Topic(s)-Murder - Plea of self defence