Supreme Court · 1996 INSC 602 · Decided 1 May 1996
Mahabir Choudhary ETC. v. State of B!har
- Court
- Supreme Court of India
- Citation
- 1996 INSC 602 · [1996] SUPP. 2 S.C.R. 165
- Case number
- CRIMINAL APPEAL No. 228/1987
- Decided
- 1 May 1996
- Bench
- M.M. PUNCHHI, K.T. THOMAS (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 302, 149, 97; Arms Act Section 25(1)
Headnote
Indian Penal Code, 186()-Sections 97, 103-Private Defence-Right of-Scope-Mischief-People of another village cut open a bund, blocking water flowing further north-Attempt of appellants to restore C bund-Resisted-Appellants gunning down mischief makers-Acted in excess of right of private including Section 302/149 IPC. Prosecution case that the three deceased D cut open a bond on a water stream which blocked the water flowing further north which was questioned by some of the appellants but as their protes­ tations were not heeded to by the deceased when there was exchange of
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