Supreme Court · 2008 INSC 790 · Decided 9 July 2008

Genoa Singh and ORS. v. State of U.P.

Court
Supreme Court of India
Citation
2008 INSC 790 · [2008] 10 S.C.R. 553
Case number
CRIMINAL APPEAL No. 1036/2008
Decided
9 July 2008
Bench
ARIJIT PASAYAT, P. SATHASIVAM (2-judge bench)
Outcome
Case Partly allowed
Case type
Criminal
Acts & sections cited
IPC Section 96, 34; Evidence Act Section 105

Headnote

Penal Code, 1860: ss. 96 - 106, s302 rlw s. 34, s. 304 Part I and s. 323 rlw s 34: .. ' Right of private defence - Use of force by accused in c exercise of right of private defence -Accused armed with weap- ans allegedly attacked father and uncle of complainant caus- ing injuries - Victims accused persons guilty of committing offences under s. 302 rl • w s.34 /PC and 323 rlw s.34 /PC and sentenced them to un- D ~ dergo life imprisonment - Affirmed by High Court - Held: In the facts and circumstances of the case, accused exceeded the right of private defence, hence, the

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