Supreme Court · 2008 INSC 108 · Decided 28 January 2008
Kashi Ram & Others v. State of Rajasthan
- Court
- Supreme Court of India
- Citation
- 2008 INSC 108 · [2008] 2 S.C.R. 101
- Case number
- CRIMINAL APPEAL No. 732/2008
- Decided
- 28 January 2008
- Bench
- S.B. SINHA, DALVEER BHANDARI (2-judge bench)
- Outcome
- Dismissed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 96to106, 149, 148, 323, 96
Headnote
Penal Code, 1860 - ss. 96 to 106 - Right of private defence - Exercise of - Accused proceeding to a definite destination with lethal weapons and thereafter, causing fatal c injuries as well as serious injuries on unarmed complainant party - Courts below holding that accused exceeded the right of accused uls 304 (Part II) and others uls 304 (Part II) rlw s. 149 ands 323 - On appeal held: Accused were aggressors and they attacked the complainant party when they were totally unarmed - Thus, they D did not have the right of private defence and could never claim ~ the same - Hence, order of
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