Supreme Court of India · 2011-08-09
Mahendra Singh vs State Of Uttaranchal
- Citation / case number
- AIR 2012 SC (SUPP) 353
- Court
- Supreme Court of India
- Petitioner
- Mahendra Singh
- Respondent
- State Of Uttaranchal
- Bench
- Gyan Sudha Misra, Harjit Singh Bedi
Judgment text excerpt
The Supreme Court upheld the conviction of the appellant for culpable homicide not amounting to murder, emphasizing that the burden of proof for claiming self-defense lies with the accused, albeit with a lower threshold than that of the prosecution. The Court noted discrepancies in the prosecution's evidence regarding the distance from which the shot was fired, highlighting that the presence of tattooing indicated a closer range than claimed. The judgment of the trial court was affirmed, with the Court finding the appellant's defense plausible given the circumstances of the case.