Supreme Court · 2006 INSC 300 · Decided 5 May 2006
Ashok Kumar and ORS. v. State of Tamil Nadu
- Court
- Supreme Court of India
- Citation
- 2006 INSC 300 · [2006] SUPP. 1 S.C.R. 947
- Case number
- CRIMINAL APPEAL No. 1533/2004
- Decided
- 5 May 2006
- Bench
- S.B. SINHA, P.P. NAOLEKAR (2-judge bench)
- Outcome
- Dismissed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 302
Headnote
B Penal Code, 1860: s.302-Deceased murdered while he was ploughing land in dispute­ Accused raising plea of right of private defence to the land property-Held: C Not acceptable as the burden to prove that accused were in possession of land and deceased trespassed on to it, was on accused which shown D to be otherwise inimically disposed toward accused-His evidence also corroborated by medical evidence-Held: Conviction based on his evidence cannot be said to be erroneous-Evidence. According to prosecution, appellants-accused had been causing E disturbance in the possession of the
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