SEKAR ALIAS RAJU SEKHARAN Vs. STATE OF REP
SUPREME COURT OF INDIA (FROM: MADRAS)
STATE REPRESENTATIVE BY INSPECTOR OF POLICE,TAMIL NADU
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(1.)The accused is in appeal before this Court against judgment of the Madras High Court upholding his conviction for offence punishable under Section 302 of the Indian Penal Code, 1860 (in short "IPC") and consequential sentence of imprisonment for life.
(2.)The factual scenario as described by the prosecution needs to be noted in brief. On 19-8-1989, there was exchange of hot words over the release of a sheep. Palaniswamy (hereinafter referred to as "the deceased") impounded the sheep which, according to him, was destroying his crops. Accused and others went to the place where the sheep was tied and they untied it from the rope. This led to exchange of words between the deceased and the accused. When the deceased fell down after receiving injuries on his hand and left shoulder, the accused again inflicted another blow on his neck. The occurrence was witnessed byPW-1, PW-2 and PW-3. Information was lodged at the police station and on completion of investigation, charge-sheet was placed and the accused faced trial. The accused took the plea of false implication and alternatively pleaded that the assaults were made in exercise of right of private defence. The trial Court placing reliance on evidence of PW-1, PW-2 and PW-3 came to hold that the accused was responsible for the death of the deceased. Plea of the accused that the assaults were made in exercise of the right of private defence was not accepted, more particularly in view of the fact that even after the deceased had fallen down, the accused inflicted a further blow on the neck.
(3.)In appeal, the High Court did not find any merit in the submissions made to the effect that this was a case which was clearly covered by the accused's exercise of right of private defence. Having rejected this stand of the accused, the High Court analysed the evidence to conclude that the conviction was justified.
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