Supreme Court · 2005 INSC 476 · Decided 4 October 2005
Hafiz v. State of U.P.
- Court
- Supreme Court of India
- Citation
- 2005 INSC 476 · [2005] SUPP. 3 S.C.R. 952
- Case number
- CRIMINAL APPEAL No. 263/2004
- Decided
- 4 October 2005
- Bench
- S.B. SINHA, R.V. RAVEENDRAN (2-judge bench)
- Case type
- Criminal
- Acts & sections cited
- IPC Section 96, 34
Headnote
Penal Code, 1860: Section 96-Right of private defence-Exercise of-One of the accused C persons inflicted lathi blows on the head of the deceased-In the trial, the accused persons took the plea of right of private defence on the ground that the deceased intended to cause injuries to the accused accepted right of private defence but convicted D the accused under S. 304 Part II on the ground that he had exceeded his right-But, the High Court acquitted the other three accused persons on the ground that they could not have shared any common intention with the convicted accused as he
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