Supreme Court · 2008 INSC 814 · Decided 11 July 2008
Madan and ORS. v. State of Madhya Pradesh
- Court
- Supreme Court of India
- Citation
- 2008 INSC 814 · [2008] 10 S.C.R. 855
- Case number
- CRIMINAL APPEAL No. 1058/2008
- Decided
- 11 July 2008
- Bench
- ARIJIT PASAYAT, P. SATHASIVAM (2-judge bench)
- Outcome
- Case Partly allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 302, 149; Evidence Act Section 97to105
Headnote
Penal Code, 1860: s. 302 r. w. s. 149 - Evidence Act, 1872 - ss.97 to 105 - Right of private defence -Appellants entered the house of the deceased at night- Assaulted him with lath is c resulting in his death - Trial Court convicted them under ss. 302 t: w. s. 149 and sentenced to life of right of private defence, how- ever altered the finding of trial Court that appellants were in- jured in the same incident in which the deceased and injured D "' -+ witnesses were assaulted - On appeal, Held.: Evidence show that the appellants were up to some stage exercising the right
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