Supreme Court · 2003 INSC 464 · Decided 10 September 2003
Laxman Singh v. Poonam Singh and ORS.
- Court
- Supreme Court of India
- Citation
- 2003 INSC 464 · [2003] SUPP. 3 S.C.R. 528
- Case number
- CRIMINAL APPEAL No. 1636/1996
- Decided
- 10 September 2003
- Bench
- DORAISWAMY RAJU, ARIJIT PASAYAT (2-judge bench)
- Outcome
- Dismissed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 96, 97, 447, 323; Evidence Act Section 105
Headnote
Penal Code, 1860-Sections 96, 97, I 00, I 0 I & I 02-Right of private defence-Availability of-Held, is dependent on the facts and circumstances of the case-Has to be pleaded by the person and cannot be presumed on C mere conjectures and surmises-Burden of proof is on the person taking the of the death or grievous injury on the person----Evidence Act, 1872-Section I 05. The deceased and his relatives were having a long standing D dispute with the respondents over the possession of a piece of land. On the fateful day, the deceased and his relatives were ploughing the disputed
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