Court case1978 Cri LJ 1305 (Ori)

Khora Ghasi, a tribal cultivator in Orissa, was guarding his maize field at night from a machan, as wild animals, including bears, regularly raided the crop. He saw something moving in the field and, believing it to be a bear, shot an arrow at it. The arrow killed a man who had entered the field in the dark. The accused was charged with murder; the trial court acquitted him and the State appealed.

The Orissa High Court upheld the acquittal. Guarding one's crop at night and shooting at a wild animal that threatens it is a lawful act done by lawful means; the accused had no reason to expect a human being in his field at that hour, so he was not wanting in proper care and caution; and he had neither intention nor knowledge of causing death to a person. The death was caused by accident or misfortune within s. 80, and the accused also had the protection of s. 79 for his good-faith belief that the figure was a bear.