Supreme Court · 2008 INSC 1296 · Decided 12 November 2008
Raghbir Singh and ORS. v. State of Haryana
- Court
- Supreme Court of India
- Citation
- 2008 INSC 1296 · [2008] 15 S.C.R. 1108
- Case number
- CRIMINAL APPEAL No. 1776/2008
- Decided
- 12 November 2008
- Bench
- ARIJIT PASAYAT, MUKUNDAKAM SHARMA (2-judge bench)
- Outcome
- Disposed off
- Case type
- Criminal
- Acts & sections cited
- IPC Section 148, 302, 149, 323, 506; Evidence Act Section 105
Headnote
PENAL CODE, 1860: c ss.97, 1GO and 101 - Right of private defence - Injuries caused by accused to complainant, and his companion who resultantly died - Plea of self-defence by accused - HELD: Burden of proof is on the accused who sets up plea of self- D defence - To claim a right of to voluntarily causing of death, accused must show that there ·~- were circumstances giving rise to reasonable ground for apprehending that either death or grievous hurt would be caused to him - Right of private defence is essentially a E defensive right circumscribed by the provisions
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