Case Note & Summary
The appellant, Farukh Shaikh Mohammed, was convicted by the Additional Sessions Judge, Pune, for murder under Section 302 read with Section 34 IPC and sentenced to life imprisonment. The incident occurred on 29.10.1986 during a cricket match between United Cricket Team (of which appellant was captain) and Golden Friends Cricket Team. A dispute arose over scoring, and the deceased Wesley intervened when players teased the scorer. After an exchange of fist blows, Wesley ran home and returned with a cricket stump, attacking the appellant and accused No.2. Accused No.3 handed an open knife to the appellant, who then stabbed Wesley multiple times, causing his death. The trial court convicted the appellant but acquitted co-accused Nos.2 and 3. On appeal, the Bombay High Court examined the evidence and found that the deceased had initially attacked the appellant with a cricket stump, giving the appellant a right of private defence of body. However, after the stump was snatched away, the deceased was unarmed, and the appellant continued to stab him, exceeding the right of private defence. The court held that the offence fell under Section 304 Part I IPC (culpable homicide not amounting to murder) and not Section 302 IPC. Considering that the appellant had already undergone about 18 years of imprisonment, the court reduced the sentence to the period already undergone and directed his release unless required in any other case.
Headnote
A) Criminal Law - Right of Private Defence - Exceeding Right of Private Defence - Sections 96, 100, 302, 304 Part I IPC - The appellant, a cricket team captain, was convicted for murder under Section 302 IPC for stabbing the deceased who had attacked him with a cricket stump. The court held that the appellant had a right of private defence of body against an assault causing reasonable apprehension of grievous hurt, but he exceeded that right by using a knife when the deceased was unarmed after the stump was snatched. The conviction was altered from Section 302 to Section 304 Part I IPC, and the sentence was reduced to the period already undergone (Paras 1-10).
Issue of Consideration
Whether the appellant's act of causing death of the deceased by knife blows was in exercise of right of private defence and whether the conviction under Section 302 IPC is sustainable.
Final Decision
Appeal partly allowed. Conviction under Section 302 IPC altered to Section 304 Part I IPC. Sentence reduced to period already undergone. Appellant to be released unless required in any other case.
Law Points
- Right of private defence
- Exceeding right of private defence
- Culpable homicide not amounting to murder
- Section 302 IPC
- Section 304 Part I IPC
- Section 96 IPC
- Section 100 IPC
