Supreme Court · 2009 INSC 435 · Decided 31 March 2009
Hanumantappa Bhimappa Dalavai & Anr v. State of Karnataka
- Court
- Supreme Court of India
- Citation
- 2009 INSC 435 · [2009] 5 S.C.R. 286
- Case number
- CRIMINAL APPEAL No. 672/2005
- Decided
- 31 March 2009
- Bench
- ARIJIT PASAYAT, A.K. GANGULY (2-judge bench)
- Outcome
- Dismissed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 96, 97, 302, 326; Evidence Act Section 105
Headnote
EVIDENCE ACT, 1872: c s.105 - Burden to prove the case of self-defence - Held: Is on the person who sets up the plea - To claim a right of private defence extending to voluntarily causing of death, accused must show that there were circumstances giving rise D to reasonable that either death or grievous hurt would be caused to him - In the instant case plea of right of private defence is without any substance - Trial court and High Court relying on injured eye witnesses, rightly convicted the accused - Penal Code, 1860 - Ss.96, 97 and E 100; ss.302 and 326. The
Judgments are the courts' own published copies, provided for study; they are not certified copies. Source: Indian Supreme Court & High Court Judgments, Dattam Labs (CC-BY-4.0)