Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Penal Code |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Penal Code, 1860:s. s.304 (Part I) r/w ss.109 and 34 - Son of accused inflicting gun shot injuries to deceased resulting in her death - Father exhorting son to fire gun shot - Also asked him to get revolver when saw complainant side coming to the scene of occurrence - Conviction of father u/s.302 r/w s.109 - However, High Court altered the conviction to s.304 (Part I) r/w ss. 109 and 34 holding that even if it is accepted that at some ·point of time accused was exercising right of private defence, the same was exceeded.,,... Interference with - Held: Not called for. ss. 96 to 106 - Right of private defence - Exercise of When. According to the prosecution case, there was some quarrel between P and appellant's sister-in-law. Next day, on exhortation by appellant, his son inflicted gun shot injuries to complainant's sister which resulted in her death. Initially, appellant and his son had thrashed P to ground. The complainant, prosecution witnesses along with complainant's sister had reached the place of occurrence hearing the shouts of P. Seeing them, appellant had asked his son to get revolver from home. FIR was lodged. Investigation was carried out. Appellant's son being a minor, his case was referred to Juvenile court. Trial court convicted the appellant u/s.302 r/w s.109 or in alternative u/s.302 r/w s.34 IPC and was sentenced to life imprisonment. High Court altered the conviction to s.304 (Part I) r/w ss.109 and 34 IPC and sentenced him to 5 years imprisonment and fine of Rs. 20,000/- with default stipulation. Hence the present appeal. |
Judge | Hon'ble Dr. Justice Arijit Pasayat |
Neutral Citation | 2009 INSC 52 |
Petitioner | Ranveer Singh |
Respondent | State Of M.p. |
SCR | [2009] 1 S.C.R. 458 |
Judgement Date | 2009-01-21 |
Case Number | 115 |
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