In a recent ruling, the Supreme Court of India upheld a murder conviction, shedding light on the critical aspects of intention and the right of private defence. The case in question involved a brutal assault where the victim, Mahadevappa, was grievously injured and later succumbed to his injuries. The accused, armed with a chopper, inflicted fatal injuries on the victim, prompting a legal battle that culminated in the apex court's decision.

The prosecution presented compelling evidence, including eyewitness testimonies and the findings of the post-mortem examination, to establish the culpability of the accused. One crucial witness recounted how the accused threatened the victim with the words "I shall finish you" before launching the assault. The Court emphasized that these actions demonstrated a clear intent to cause harm to the victim.

Moreover, the Court examined the applicability of the right of private defence invoked by the accused. Despite their claims of reacting to provocation by the victim and his family members, the Court found insufficient evidence to support this assertion. Instead, the evidence pointed to a premeditated attack by the accused, rendering the principle of private defence inapplicable.

Justice Sudhanshu Dhulia and Justice Prasanna B. Varale, in their observations, highlighted the brutality of the assault inflicted upon the victim. The accused used a dangerous weapon like a chopper to assault Mahadevappa, resulting in severe head and forehead injuries. Subsequently, another accused joined in the assault, further exacerbating the victim's condition by throwing stones at him.

The Court's decision reaffirmed the lower courts' rulings, which had found the accused guilty under Sections 302, 324, and 326 of the Indian Penal Code. Despite the defense's arguments challenging the prosecution's evidence and invoking the right of private defence, the Supreme Court remained unconvinced. 

Case: Subhash @ Subanna & Ors. v. State of Karnataka Ministry of Home Affairs,

CRIMINAL APPEAL NO. 328 OF 2012.

Click to read/download judgment.