Court caseAIR 1952 Nag 282

Chirangi, a widower of the Lohar caste aged about forty-five, lived with his twelve-year-old son Lalu in a village in the Bastar area. He was on affectionate terms with the boy. One afternoon he took his axe and went with Lalu to a hillock to gather siadi leaves. He was suffering from fever and had earlier lost an eye and injured his shoulder. He fell asleep, and on waking, in a confused state, saw what he believed to be a tiger and struck it repeatedly with the axe. It was his son, who died. He was convicted of murder by the sessions court.

The Nagpur High Court set aside the conviction. The evidence, including the medical evidence of fever and the accused's physical condition, showed that in a moment of delusion he believed in good faith that a tiger was attacking him and that he was justified in killing it. There was no motive, no enmity and no intention to kill his son. A person who by reason of a mistake of fact in good faith believes himself justified by law in doing an act commits no offence under s. 79, and the accused was acquitted.