Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Penal Code 1860 - s. 304 (Part-I) rlw s. 149 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Penal Code, 1860 — s.304 (Part-I) r/w s.149 — Fight between two groups — Cross-complaints — Resulting in conviction of the accused in both the cases [including the conviction of appellant No. 1 u/s 302/149 and of appellant No. 2 u/s 304(part I)] — Appellants taking plea of private defence — Held: The present was a case of free fight - Normally right of private defence is not available in such cases — But in view of the fact that appellant No. 1, having suffered knife injury exceeded his right to private defence, his case would be covered under Exception 2 of s.300 IPC — Thus conviction of appellant No. 1 altered to one u/s 304 (Part-I) rw 8.149 — Sentence reduced to 10 years Ri from life imprisonment — Conviction and sentence of appellant No. 2 is affirmed. |
Judge | Hon'ble Mr. Justice Prafulla Chandra Pant |
Neutral Citation | 2015 INSC 65 |
Petitioner | Pathubha Govindji Rathod & Anr. |
Respondent | State Of Gujarat |
SCR | [2015] 1 S.C.R. 491 |
Judgement Date | 2015-01-21 |
Case Number | 2282 |
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