Supreme Court · 2008 INSC 758 · Decided 13 June 2008
Katta Surendera v. State of A.P.
- Court
- Supreme Court of India
- Citation
- 2008 INSC 758 · [2008] 9 S.C.R. 1190
- Case number
- CRIMINAL APPEAL No. 1525/2007
- Decided
- 13 June 2008
- Bench
- ARIJIT PASAYAT, P.P. NAOLEKAR (2-judge bench)
- Outcome
- Case Partly allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 302, 304, 324, 97, 100, 101
Headnote
Penal Code, 1860 : s. 302 and 304 (Part I) - Murder- Dispute between par- c ties - Fatal blow to deceased - Conviction uls. 302 with life ~ r imprisonment by courts below - Case of accused that he was exercising right of private defence - Held: Not tenable - Even if plea of accused is accepted, it accused - It cannot be said that because single blow D was given offence not covered uls. 302 - It depends on sev- era/ factors - On facts, conviction altered to s. 304 (Part /)- Custodia/ sentence of 10 years imposed. ss. 96 - 101 - Right of private defence -Availability and E extent of -
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