Supreme Court · 2005 INSC 210 · Decided 15 April 2005
Dattu Shamrao Valke and ANR. v. State of Maharashtra
- Court
- Supreme Court of India
- Citation
- 2005 INSC 210 · [2005] 3 S.C.R. 635
- Case number
- CRIMINAL APPEAL No. 615/2004
- Decided
- 15 April 2005
- Bench
- P. VENKATARAMA REDDI, P.P. NAOLEKAR (2-judge bench)
- Outcome
- Case Partly allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 96to99, 34, 302, 1; CrPC Section 161
Headnote
B Penal Code, 1860 : Sections 96 to 99-Right of private defence-Deceased and family including lady members on their way to the fields for weeding operation- C Carrying axe, sticks which are ordinarily carried in villages while going to fields-Fight ensued resulting in death of two-Plea of self is wrongly accepted by High Court as arrival of deceased at the place of occurrence cannot be said to be for initiating fight against the accused. D Section 300 Exception 4-Quarrel between accused and deceased-Two per.sons died and accused also sustained serious injuries, which were not explained
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