James Martin v State of Kerala
2003 INSC 72220041 min read
The case in brief30-second read
- Facts
- During a bandh, activists entered the appellant's flour mill, assaulted his employee and threatened damage. He fired, causing deaths, and was convicted.
- Issue
- Whether he acted in the exercise of the right of private defence.
- Held
- He acted within the right of private defence and his conviction was set aside. The accused need only establish the plea on a preponderance of probabilities, and may do so from the prosecution evidence; the situation must be judged as it appeared in the moment, not with detached hindsight.
- Principle
- A person facing unlawful aggression need not weigh his response with nicety; the plea is proved on probabilities.
Facts
- During a bandh, activists entered the appellant's flour mill, assaulted his employee and threatened damage. He fired, causing deaths, and was convicted.
Issue
- Whether he acted in the exercise of the right of private defence.
Held
- He acted within the right of private defence and his conviction was set aside. The accused need only establish the plea on a preponderance of probabilities, and may do so from the prosecution evidence; the situation must be judged as it appeared in the moment, not with detached hindsight.
Cite this
Citation
James Martin v State of Kerala 2003 INSC 722Reported: https://indiankanoon.org/doc/1812977/. This is an educational summary, not the judgment itself. Cite the reported version in professional or academic work.