Case Note & Summary
The appellant, a police constable, was convicted under Sections 302 and 307 IPC for murdering the deceased and injuring PW-2 inside a police station in Delhi. The prosecution case was that the appellant, on duty, shot the deceased multiple times with his official carbine after a conversation. Eyewitnesses, including PW-2 (an injured head constable), testified that the appellant chased and fired at the deceased. The appellant claimed self-defence, alleging the deceased tried to snatch his weapon, but the court found this inconsistent with eyewitness accounts and ballistic evidence. The Supreme Court upheld the conviction, rejecting the pleas of self-defence and grave and sudden provocation, and affirmed the life sentence.
Headnote
A) Criminal Law - Murder - Self-Defence - Sections 302, 307 Indian Penal Code, 1860 - Appellant, a police constable, killed deceased inside police station with official carbine - Plea of self-defence rejected as eyewitnesses testified that appellant chased and fired at deceased, not vice versa - Held that the prosecution proved guilt beyond reasonable doubt through credible eyewitnesses and forensic evidence (Paras 1-11). B) Criminal Law - Evidence - Injured Witness - Section 302, 307 Indian Penal Code, 1860 - PW-2, an injured eyewitness, gave consistent testimony from FIR to trial - Her presence corroborated by medical evidence of bullet injuries - Held that injured witness testimony is highly reliable and corroborated by other witnesses (Paras 9-10). C) Criminal Law - Murder - Grave and Sudden Provocation - Section 302 Indian Penal Code, 1860 - Appellant claimed deceased had illicit relationship with his wife and threatened to kill him - However, no evidence of provocation at the time of incident - Held that the killing was premeditated and not on sudden provocation (Paras 7-9).
Issue of Consideration
Whether the appellant's conviction under Sections 302 and 307 IPC is sustainable in light of his plea of self-defence or, alternatively, grave and sudden provocation.
Final Decision
The Supreme Court dismissed the appeal and upheld the conviction and sentence of the appellant under Sections 302 and 307 IPC.
Law Points
- Self-defence
- Grave and sudden provocation
- Culpable homicide not amounting to murder
- Murder
- Section 302 IPC
- Section 307 IPC
- Section 313 CrPC
- Eyewitness testimony
- Injured witness
- Forensic evidence
