Supreme Court · 2008 INSC 471 · Decided 9 April 2008
Narain Singh and ORS. v. State of Haryana
- Court
- Supreme Court of India
- Citation
- 2008 INSC 471 · [2008] 6 S.C.R. 74
- Case number
- CRIMINAL APPEAL No. 632/2008
- Decided
- 9 April 2008
- Bench
- ARIJIT PASAYAT, P. SATHASIVAM (2-judge bench)
- Outcome
- Disposed off
- Case type
- Criminal
- Acts & sections cited
- IPC Section 96to106, 34, 96, 100to101; Evidence Act Section 105
Headnote
Penal Code, 1860 - ss. 96 to 106; s. 304 Part II rlw s. 34 - Right of private defence - When avail.able - Land dispute - c Appellant No. 1 fired gun shots at husband of PW3 causing his:rdeath - Other Appellants were sons of Appellant No. 1 - They assaulted PWs 3 and 4 with 'Jai/y' - Plea of of - Held: On facts, not tenable - Right of private defence is essentially a defensive 0 right circumscribed by the governing statute i.e. /PC, available only when circumstances clearly justify it - Right to defend does not include a right to launch an offensive, particularly when the need
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