Murder Conviction Upheld: Supreme Court Rejects Private Defence Plea

The case revolves around the conviction of Nagji Odhavji Kumbhar and Another for the murder of two individuals, Bhura Govind and Lakha Arjan, in a dispute over land access in Gujarat. The appellants challenged their conviction under Sections 302 and 324 of the Indian Penal Code (IPC), arguing that they acted in self-defence. However, the Supreme Court upheld the High Court’s ruling, rejecting their plea.

Background of the Case

The prosecution alleged that on July 1, 1987, at midnight in the village of Prempara-Rampara, the appellants attacked the victims with spears and other weapons, causing their immediate death. The conflict arose due to a dispute over the right of way on the land, which had previously been adjudicated in a civil suit in favor of the complainant party.

The accused were arrested on July 17, 1987, and faced trial, where they were convicted and sentenced to life imprisonment.

Arguments of the Petitioner

The appellants contended:

• The victims and their group were the aggressors, and the appellants sustained grievous injuries while defending themselves.
• They had been hospitalized from July 2, 1987, to July 17, 1987, proving the severity of their injuries.
• The confrontation occurred spontaneously without premeditation, making the conviction under Section 302 IPC unsustainable.
• At best, the case should fall under Section 304 (Part II) IPC, as there was no cruel or unusual attack.

Arguments of the Respondent

The State of Gujarat countered:

• The victims were unarmed, making the claim of private defence untenable.
• Eyewitnesses testified that the appellants were armed with spears and attacked with clear intent.
• Post-mortem reports confirmed multiple stab wounds on the vital areas of the victims, indicating a deliberate and brutal assault.
• The trial court correctly convicted the appellants under Section 302 IPC.

Key Observations by the Supreme Court

The Supreme Court observed:

“The right of private defence is to protect the person and the property. In such right, the person cannot cause more harm than what is necessary for the protection of the person and the property. What harm can be expected from the hands of the deceased when they were unarmed?”

The Court further emphasized that multiple stab wounds indicated a premeditated attack rather than a spontaneous act of self-defence.

Judgment

The Supreme Court dismissed the appeal, affirming the life imprisonment sentence. The Court ruled that the multiple injuries inflicted on vital parts of the victims disproved the claim of private defence and confirmed the conviction under Section 302 IPC.

Thus, the petition was dismissed, and the conviction was upheld.

Petitioner Name: Nagji Odhavji Kumbhar and Another.
Respondent Name: State of Gujarat.
Judgment By: Justice Sanjay Kishan Kaul, Justice Hemant Gupta.
Place Of Incident: Prempara-Rampara, Gujarat.
Judgment Date: 23-04-2019.

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