2019 (3) ABR(Cri) (NOC) 65 (BOA) ::AIROnline 2019 Bom 332

Bombay High Court

Hon'ble Judge(s): T. V. Nalawade, Mangesh S. Patil , JJ

Criminal P.C. (2 of 1974) , S.357A, S.342— Penal Code (45 of 1860) , S.100— Compensation - Accused, police officer allegedly committed murder by bullet injury when 10-12 persons armed with sword, iron rod and sticks became unruly, assaulted accused and attempted to snatch his service pistol - Accused fired when mob pelting stones - Absence of motive or malice to cause death - District Magistrate concluding in inquiry that accused caused death in exercise of right of private defence - As informant died, directing cognizance by Magistrate by refuting "C" summary report will become futile- State liable to pay compensation of Rs. 2,00,000/- and Rs. 25,000/- as cost of litigation. (Para 15 16 17)