Supreme Court · 1997 INSC 716 · Decided 4 November 1997
Bhupendrasinh A. Chudasama v. State of Gujarat
- Court
- Supreme Court of India
- Citation
- 1997 INSC 716 · [1997] SUPP. 5 S.C.R. 4
- Case number
- CRIMINAL APPEAL No. 567/1997
- Decided
- 4 November 1997
- Bench
- M.K. MUKHERJEE, K.T. THOMAS (2-judge bench)
- Outcome
- Dismissed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 302, 97, 103; CrPC Section 313
Headnote
Penal Code 1860-Sections 302, 97 and 103- Murder- Armed Constable- Shot dead his superior-Defence that on suspicion as miscreant, C he fired in discharge of his official duties-Trial Court acquitted him giving him benefit of doubt-High Court convicted and sentenced the accused-On appeal, held not claim right of private defence- Conviction and sentence confirmed. D The appellant was prosecuted for an offence under Section 302 Indian E Penal Code. The case of the prosecution, was that appellant, an armed Constable of Special Reserve Police shot at his immediate superior, a Head
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