MAHENDRA SINGH Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) This appeal arises out of the following facts:

(2.) Before us, Mr. P.S. Narasimha, the learned Senior Counsel for the appellant, has not seriously challenged the conviction of the appellant and has pointed out that in the light of the prosecution evidence itself it was apparent that the appellant had first been attacked and had also suffered several injuries and that during the course of a scuffle which followed the rifle had accidentally gone off and that the appellant was at the most guilty of having exceeded the right of private defence and was, therefore, liable to be punished for an offence of culpable homicide not amounting to murder. The learned counsel has focused on the fact that the gun shot injury had been caused to the deceased from a very close range and not from a distance of 12 or 15 feet as was the case of the eye witnesses and the prosecution.

(3.) Mr. S.S. Shamshery, the learned counsel for the State of Uttaranchal has, however, supported the judgment of the trial court as well as the High Court and has pointed out that the appellant, being a police official, was conscious of the fact that in order to get away from a case of murder he had to create a defence and for that reason had self-suffered some injuries and lodged a report in Police Station, Rudrapur instead of Police Station Lal Kuan.