Supreme Court · 1970 INSC 170 · Decided 28 August 1970
Munney Khan v. State of Madhya Pradesh
- Court
- Supreme Court of India
- Citation
- 1970 INSC 170 · [1971] 1 S.C.R. 943
- Case number
- CRIMINAL APPEAL No. 64/1968
- Decided
- 28 August 1970
- Bench
- VISHISHTHA BHARGAVA, I.D. DUA (2-judge bench)
- Outcome
- Case Partly allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 304, 302
Headnote
943 Indian Penal Code (Act 45 of 1860), ss. 96 to 101-Right of prira1e defence-Nat11re of-Availability in the case of a free fight. The appellant was charged with the offence of murder. The trial court observed in its judgment that it appeared that the deceased must have pick­ ed up a quarrel on the ground and sat on his chest giving him fist blows, and that since the appellant could not prevent the deceased hitting his brother by the use of his fist, he stabbed the deceased in the back with a knife. The trial court found the appellant guilty of murder, and the High Court dismissed
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