N MADHAVAN Vs. STATE OF KERALA

JUDGEMENT

(1.) Appellant before us was tried by the Sessions Judge, Palghat on a charge under section 302, Indian Penal Code, for shooting dead with his 12-bore licensed gun, one Bhaskaran alias Vasu on April 1, 1971. On the same day after the occurrence, the appellant surrendered at Police Station Koyalmannam, along with his licensed gun which he had used in shooting the deceased.

(2.) At the trial, accused Madhavan set up a plea of self-defence. In the light of the evidence brought on record, the Sessions Judge accepted this plea and held that the accused was entitled to the protection of Section 96, Penal Code, and had therefore committed no offence. At the same time, without assigning any reason, he directed that "M. O. 1 gun shall be confiscated to the Government".

(3.) Against this direction of confiscation of the gun, Madhavan filed Criminal Revision No. 392 of 1972 in the High Court. The Revision was dismissed by a learned single Judge with these observations: