Self defense was available but shot opened while snatching the licensed weapon

[Dheeraj Singh]

Good Wishes,

Now the issue is we have not plead for self defense as the fact was the fire was opened in the process when complainant party was snatching the licensed weapon. Is the accused entitled for acquittal ? even if accused has not taken the plea of self defence and if court does not categorise this case in self defence can the accused plea for acquittal under 299 as the prosecution is failed to prove the motive of this murder ?

Complete details are as under :-

In Short we can say we have all the remedy which proves the self defense was available but circumstances were like accused was not in condition to exercise self defence as the complainant were large in numbers the fact was complainant came to kill the accused and snatch the revolver which was already told by complainant to accused and information of which was given to police in written by accused.

As per the material on record available it is proved from the deposition of doctors that accused and his family got the GRIEVOUS hurt at the same time complainants (who were in six in number have not received and injury other than bullet injury), and was encircled by the complainant party in middle their two cars (for which a cross case was filed at the spot u/s 323,341,308/34) but the accused deposed in the statement u/s 313 that the shot was opened while the other party was snatching the licensed revolver and when accused was fulfilling the guidelines given by DCP Licensing that he always have to save the weapon as it should not go to the hand of anyone else, in that process the shot was opened and 5 bullets was fired from the licensed revolver out of which three bullets hits the one of the complainant and he died on the spot (for which a counter case of 302,323/34 was lodged).

As the threat for the life of accused was given by the complainant party prior to the incident and the information of which was already given to the police in written by the accused, to prove the same witness of the D.O. of the P.S. who recorded the DD Entry has already been done.

The call details with location of the complainant person also proves that one of their car was following the accused and another one was waiting at the spot to reach the car of accused at the spot.

While FSL has also proves that collision was observed between the car of complainant which was ahead of the car of accused persons and No sign which is indicative of collision between car maruti swift (Car of accused )and car of complainant (which was behind the car of accused) was observed” .

[Dr. Ashok Dhamija]

It may not be appropriate for us to give an opinion on issues of facts. Without seeing the detailed documents / evidence, it is not advisable to speak on facts. So, why don’t you consult some local lawyer by showing him evidence / documents?

Generally speaking, you can take the plea of self-defence if you were surrounded / attacked / chased by the opposite party and imminent danger existed to your life or property, as is mandated in the IPC in sections covering right of private defence. Try to cover your plea in cross-examination of prosecution witnesses, in your statement under Section 313 Cr.P.C., in your defence witnesses’ examination, and your written arguments in the end.

If you are not able to take the plea of self-defence and at the same time, the ingredients of offence under Section 299 or 300 are proved, then naturally the court may hold you guilty under Section 304 or 302 as applicable on the basis of facts. If you are able to prove the exercise of right of self-defence, then of course, you be either be acquitted or may be convicted only under 304 IPC instead of 302, depending on facts proved.

However, as mentioned above, do not depend on this general advice and engage some advocate with knowledge and show him the detailed evidence and documents for proper advice.
     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

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