Recently, the Bulandshahr Court sentenced a 70-year-old widow to life imprisonment after finding her guilty of killing a 20-year-old man who allegedly tried to rape her daughter in the year 2010.
ADJ I Rajeshwar Shukla, observed that the woman did not have to attack the man several times to stop him from attacking her daughter.
The facts of the case: It was reported to the court by the police, that Kasturi Devi informed the police that she attacked Praveen, who entered her house around midnight and grabbed her daughter. As she noticed her 20-year-old daughter being sexually assaulted, she attacked Praveen with an axe, the injuries caused by the attack resulted in the death of Praveen. After the crime, Kasturi Devi surrendered in the Anoopshahr Police Station, confessing the murder of Praveen. The eyewitnesses of the case, the son and daughter said that Praveen attempted rape, after which the mother flew into a rage and attacked him with rape.
The proceedings took a period of 11 years. In the post-mortem report, it was mentioned that there were ‘five grievous wounds’ above the neck of the deceased.
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Judgment:
⦁ The Court held that it was not necessary for the accused to attack the deceased several times to foil his bid to rape her daughter.
⦁ Also, the court noticed that there seem to be a conspiracy behind the victim’s murder. It was observed by the Court that Praveen was hit multiple times above his neck, which resulted in his immediate death, had the accused wished to stop the deceased from attacking her daughter, a small force could have sufficed.
⦁ It appears to be a planned conspiracy as the family first took the body outside the house and shouted for help after the death of the deceased.
Right to Self Defense:
Self- Defense is known as the right to private defense. Provisions for the right to defense are mentioned below:
⦁ From Section 76 to 106 of IPC provide for general exceptions from criminal liability.
⦁ Section 96 to 106 provides defense when a person kills a person in self-defense. However, Section 99 of IPC mentions that the right to private defense is available only if there is a reasonable apprehension of death or grievous hurt to the person.
⦁ Instances where Right to Private defense extends to causing death under Section 100–
i. if there is apprehension that the attack would cause the death of the accused (who pleads for the right to a private defense)
ii. If there is apprehension that the attack would cause grievous hurt
iii. An assault with the intention of causing rape.
iv. An assault with the intention of gratifying unnatural lust.
v. An assault with the intention of kidnapping or abducting
vi. An assault with the intention of wrongfully confining the accused so that he is unable to contact public authorities for his release.
Explanation-
For example, if A attacks B with a stick under a quarrel, and B retaliates by shooting A with a pistol. Here, B can’t use the right to private defense. Thus, a higher force can’t be used against an attack under the right to private defense.
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