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Rejecting a plea seeking to register murder charges against two police officers who killed a prime accused in a child abduction, rape and murder case in a “police encounter” in Coimbatore in 2010, the Madras High Court noted that when a case had been already registered in connection with the incident, there was no scope to register yet another case.
The issue pertains to a petition moved by advocate P. Pugalenthi, seeking to frame charges under Section 302 (murder) of the Indian Penal Code against two police officers for allegedly killing Mohanakrishnan alias Mohanraj, who was the prime accused in a case of abduction, rape and murder of a 10-year-old girl and her seven-year-old brother.
‘Accused attacked police’.
Countering the plea, the police personnel submitted that they were compelled to shoot the accused as he attacked the officers who escorted him for interrogation.
“It was an act of private defence, and it cannot be considered as murder as Section 96 of the IPC exempts such acts committed in the exercise of right of private defence,” the officers said.
Concurring with the submission and pointing out that a case had been already registered regarding the incident duly by the Crime Branch-Criminal Investigation Department as mandated by law, the Division Bench of Justices M. Jaichandran and S. Nagamuthu observed that there was no material to even remotely infer that an attempt had been made by the police to dilute the investigation.
The issue pertains to a petition moved by advocate P. Pugalenthi, seeking to frame charges under Section 302 (murder) of the Indian Penal Code against two police officers for allegedly killing Mohanakrishnan alias Mohanraj, who was the prime accused in a case of abduction, rape and murder of a 10-year-old girl and her seven-year-old brother.
‘Accused attacked police’.
Countering the plea, the police personnel submitted that they were compelled to shoot the accused as he attacked the officers who escorted him for interrogation.
“It was an act of private defence, and it cannot be considered as murder as Section 96 of the IPC exempts such acts committed in the exercise of right of private defence,” the officers said.
Concurring with the submission and pointing out that a case had been already registered regarding the incident duly by the Crime Branch-Criminal Investigation Department as mandated by law, the Division Bench of Justices M. Jaichandran and S. Nagamuthu observed that there was no material to even remotely infer that an attempt had been made by the police to dilute the investigation.