Supreme Court · 2008 INSC 962 · Decided 22 August 2008
Ram Pyare Mishra v. Prem Shanker and ORS.
- Court
- Supreme Court of India
- Citation
- 2008 INSC 962 · [2008] 12 S.C.R. 497
- Case number
- CRIMINAL APPEAL No. 181/2001
- Decided
- 22 August 2008
- Bench
- ARIJIT PASAYAT, P. SATHASIVAM, AFTAB ALAM (3-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 34; Evidence Act Section 105
Headnote
'• - _J [2008] 12 S.C.R. 497 RAM PYARE MISHRA A V. PREM SHANKER AND ORS. (Criminal Appeal No. 181 of 2001) AUGUST 22, 2008 8 [DR. ARIJIT PASAYAT, P. SATHASIVAM AND AFTAB ALAM, JJ] Penal Code, 1860: · s. 304 (part l)rlw s.34 - Accused caused lathi and knife c injuries to victim - There was nothing to substantiate right of private defence - Evidence is clear D that though there might have been at some point of time such right to accused, the same has been exceeded - Evidence is clear that after the accused assaulted the deceased and injured the witnesses, they
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