Supreme Court · 2004 INSC 473 · Decided 25 August 2004
Bathusingh and ORS. v. State of M.P.
- Court
- Supreme Court of India
- Citation
- 2004 INSC 473 · [2004] SUPP. 3 S.C.R. 785
- Case number
- CRIMINAL APPEAL No. 1295/2003
- Decided
- 25 August 2004
- Bench
- K.G. BALAKRISHNAN, AR. LAKSHMANAN (2-judge bench)
- Outcome
- Dismissed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 3021148, 96, 99, 302, 148; CrPC Section 313
Headnote
Penal Code, 1860-Sections 3021148, 96 and 99: Prosecution for murder-Prosecution case supported by 3 C eyewitnesses-Corroborated by Medical evidence-Plea of self defence by accused-Conviction by Courts below-On appeal, held: Accused liable to be convicted as the offence proved by ocular evidence to right of private defence as assault was exceedingly vindictive and maliciously excessive. Right of Private Defence-Nature of Held : It is not a right of reprisal or punishment-It is subject to restrictions indicated in Section 99. Appellants-acr.used, alongwith other accused were alleged
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