Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1860: ss. 302 and 307 Penal Code |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Indian Evidence Act, 1872 (1 of 1872) Indian Penal Code (45 of 1860) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Penal Code, 1860: ss. 302 and 307 - Conviction under - Dispute between complainant party and accused leading to fatal shot to one and injuries to others Conviction by courts below-Accused taking plea of self defence - On appeal, held: Courts below rightly believed the injured witnesses as also other prosecution witnesses - Complainant party were unarmed and were not aggressors- Moreso, accused re-loaded the gun which proves his intention to kill the complainant side - Thus, accused could not have claimed the benefit of private defence-A/so, acquittal of others extending them benefit of doubt would not make conviction and finding recorded against accused vulnerable- Hence, order of conviction upheld. ss 96-99 - Right of private defence - Availability of -Burden of proof - Held: Right of private defence is available provided there is reasonable apprehension to life or grievous hurt to such person even in absence of physical injury -Prosecution has to prove its case beyond reasonable doubt -But when accused takes a defence, he has to prove it on basis of reasonable probability - Evidence Act, 1872 - s. 105. |
Judge | Hon'ble Mr. Justice C.K. Thakker |
Neutral Citation | 2008 INSC 20 |
Petitioner | Sat Narain |
Respondent | State Of Haryana Th. Ministry Of Home |
SCR | [2008] 1 S.C.R. 243 |
Judgement Date | 2008-01-08 |
Case Number | 38 |
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