Supreme Court · 2019 INSC 557 · Decided 23 April 2019
Nagji Odhavji Kumbhar & ANR. v. State of Gujarat
- Court
- Supreme Court of India
- Citation
- 2019 INSC 557 · [2019] 6 S.C.R. 249
- Case number
- CRIMINAL APPEAL No. 880/2009
- Decided
- 23 April 2019
- Bench
- SANJAY KISHAN KAUL, HEMANT GUPTA (2-judge bench)
- Outcome
- Dismissed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 302, 324, 304, 34
Headnote
Penal Code, 1860: ss. 302 and 324 r/w s. 34 - Prosecution under - Death of two persons and injuries to two - Injuries also received by the accused - Cross-case by the accused - Conviction by courts below - In appeal, plea taken that the accused acted in private - Held: There is no evidence that the deceased were armed with any weapon - In view of the evidence of injured witnesses that the accused were armed with spears and other weapons and since the deceased were not armed, right of private defence is not available to the accused
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