Supreme Court · 2015 INSC 65 · Decided 21 January 2015

Pathubha Govindji Rathod & ANR. v. State of Gujarat

Court
Supreme Court of India
Citation
2015 INSC 65 · [2015] 1 S.C.R. 491
Case number
CRIMINAL APPEAL No. 2282/2014
Decided
21 January 2015
Bench
DIPAK MISRA, PRAFULLA C. PANT (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Criminal
Acts & sections cited
IPC Section 304, 300, 149

Headnote

A B Penal Code, 1860 - s. 304 (Part-I) rlw s. 149 - Fight between two groups - Cross-complaints - Resulting in conviction of the accused in both the cases [including the C conviction of appellant No. 1 u/s 3021149 and of appellant No. 2 u/s 304(part /)] - Appellants taking plea of private defence of free fight - Normally right of private defence is not available in such cases - But in view of the fact that appellant No. 1, having suffered knife injury D exceeded his right to private defence, his case would be covered under Exception 2 of s. 300 /PC - Thus conviction of appellant No. 1

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