Supreme Court · 2007 INSC 689 · Decided 6 June 2007
Ananta Deb Singha Mahapatra and ORS. v. State of West Bengal
- Court
- Supreme Court of India
- Citation
- 2007 INSC 689 · [2007] 7 S.C.R. 974
- Case number
- CRIMINAL APPEAL No. 828/2007
- Decided
- 6 June 2007
- Bench
- ARIJIT PASAYAT, D.K. JAIN (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 96, 97, 99, 304, 304(Part11), 149, 324, 34; Evidence Act Section 105
Headnote
Penal Code, 1860 : ss. 96, 97, 99, JOO and JOI-Exception to offence-Right of private C defence-Limit and extent of-Death of the victim of assault-Accused convicted u/ss. 304 (Part 11)1149 and 3231149, claiming right of private defence-Held: On facts, as a result of assault by accused, when victim on assaulting him, and caused more harm than was necessary, they were D rightly found by Courts below guilty of death of the victim-Evidence Act, 1872-s. 105 Evidence Act, 1872: s. 105-Plea of private defence-Burden of proof-Held: Burden is on ' E the accused to show that he had a right of
Judgments are the courts' own published copies, provided for study; they are not certified copies. Source: Indian Supreme Court & High Court Judgments, Dattam Labs (CC-BY-4.0)