Wrongly Convicted Database Record

 

Go to Database Search Page

Go to  Database Index Page

Indian Self-Defense

 

Charge:

Murder

Sentence:

Life Imprisonment

Years Imprisoned:

Year Crime:

Year Convicted:

Year Cleared:

2015

U.S. State or Country of Crime:

India

County or Region of Crime:

Tamil Nadu

City of Crime:

Sivaganga

Result:

Judicially Exonerated Released

Summary of Case:

"A man was convicted of murder in the death of a man who attacked him with a piece of wood in the Sivaganga District in the South Indian state of Tamil Nadu. The man's defense was that he acted in self-defense, but the prosecution sucessfully argued at trial that he had exceeded his right to private defence by inflicting as many as three stab injuries on his assailant. The defendant was sentenced to life in prison. The defendant appealed arguing that every person had a right, subject to restrictions contained in Section 99 of the Indian Penal Code, to defend his own body and the body of any other person against any offence affecting the human body. In October 2015 the Madras High Court vacated the conviction and acquitted the appellant in ruling that warding off an assailant by stabbing the attacker three times is not a criminal offense and falls within reasonable self-defensive conduct against an armed assailant. The Court quoted a 1980 Supreme Court judgement in Mohammed Ramzani’s case that stated: "A person faced with imminent peril of life and limb of himself or another is not expected to weigh in golden scales the precise force needed to repel the danger.” The Court noted that the appellant was first attacked by the deceased person who was wielding a wooden log. “Therefore, the accused would have had the reasonable apprehension that further attack with the log would result in his death or grievous hurt. Thus, he had the right of private defence which would extend to the causing of death. The act of the accused would squarely fall within the ambit of Section 100 of IPC.” The Court acquitted the appellant of all charges and ordered refund of fine amount, if any, paid by him."

Conviction Caused By:

Erroneous interpretation by the prosecuton of what constitutes self-defense against an armed assailant.

Innocence Proved By:

In October 2015 the Madras High Court vacated the conviction and acquitted the appellant in ruling that warding off an assailant by stabbing the attacker three times is not a criminal offense and falls within reasonable self-defensive conduct against an armed assailant.

Defendant Aided By:

Compensation Awarded:

Was Perpetrator Identified?

Age When Imprisoned:

Age When Released:

Sex:

Male

Skin/Ethnicity:

Other

Information Source 1:

"Convict’s sentence set aside, By Mohamed Imranullah S, The Hindu, October 14, 2015"

Information Location 1:

http://www.thehindu.com/news/cities/Madurai/convicts-sentence-set-aside/article7759105.ece

Information Source 2:

Information Location 2:

Information Source 3:

Information Location 3:

Information Source 4:

Information Location 4:

Information Source 5:

Information Location 5:

Book About Case:

Book Information:

Book About Case (2):

Book Information (2):

Movie About Case:

Comments About Case:

Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org

Hosted on forejustice.org and mirrored on justicedenied.org .