- (1.) This appeal by special leave is directed against the judgment of the High Court of Madhya Pradesh at Jabalpur. The petitioner has also filed another special leave petition which was directed to be heard along with the appeal.
(2.) The appellant is convicted u/S. 302, I.P.C. and sentenced to suffer imprisonment for life for causing death of Mohd. Yusuf, the deceased in the case. The appellant along with another accused Misawul Hasan were tried by the Sessions Court. The learned Sessions Judge held that when the appellant stabbed the deceased, acted in exercise of his right of self-defence, but exceeded the same. In that view of the matter, he convicted him under Section 304 Part I, I.P.C. and sentenced him to three years R.I. and to a fine of Rs. 300/- in default of payment of fine to undergo two months Rigorous Imprisonment in addition. The other accused is acquitted.
(3.) The State preferred an appeal against the order of acquittal of both the accused. The convicted accused also preferred an appeal. The High Court rejected the defence version and accepted the prosecution version and held that the appellant was an aggressor and he had no right of private defence and accordingly set aside the order of Sessions Court and convicted him under Section 302, I.P.C. as stated above. The appeal preferred by the accused was dismissed. The High Court convicted the other accused Misawul Hasan under Section 352, I.P.C. and sentenced him to undergo one year's R.I. He has not preferred an appeal and we are not concerned with him, 3A. The learned counsel submits that the view taken by the Sessions Judge is a reasonable one and the High Court has erred in holding that the appellant-accused had no right of private defence. His further submission is that the High Court has not properly appreciated the scope of right of private defence as laid down in number of decisions and that in such a situation the accused is not expected to modulate his defence and the only important aspect that has to be considered is whether there was a reasonable apprehension in the mind of the accused that he would receive grievous hurt or death would be caused to him by the victim.;