Supreme Court of India

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.
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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

  1. 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.

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Citation

James Martin v State of Kerala 2003 INSC 722

Reported: https://indiankanoon.org/doc/1812977/. This is an educational summary, not the judgment itself. Cite the reported version in professional or academic work.