Supreme Court · 2002 INSC 359 · Decided 3 September 2002
Dharminder v. State of Himachal Pradesh
- Court
- Supreme Court of India
- Citation
- 2002 INSC 359 · [2002] SUPP. 2 S.C.R. 16
- Case number
- CRIMINAL APPEAL No. 445/2001
- Decided
- 3 September 2002
- Bench
- R.C. LAHOTI, BRIJESH KUMAR (2-judge bench)
- Outcome
- Dismissed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 302134, 302, 34, 307, 323; CrPC Section 161; Evidence Act
Headnote
Penal Code, 1860-Ss. 302134. 307134, 323134-Conviction under­ Deceased fired gun shot injuring accused lo save his son-Plea of self defence C by accused alleging aggression on the part of the deceased-'-On appeal, held-The facts of the case prove prosecution case-Plea of accused not proved 18601 Evidence Act, 1872-Chapter IV I Section 105- D Right to self defence of accused-Onus of proof-Held, onus to establish the right of self-defence is not as onerous as that of the prosecution to prove its case-Where facts and circumstances lead to pre-ponderance of probabilities in favour
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