Supreme Court · 1976 INSC 306 · Decided 26 November 1976

Ram Rattan and ORS. v. State of Uttar Pradesh

Court
Supreme Court of India
Citation
1976 INSC 306 · [1977] 2 S.C.R. 232
Case number
CRIMINAL APPEAL No. 282/1971
Decided
26 November 1976
Bench
P.N. BHAGWATI, V.R. KRISHNA IYER, S. MURTAZA FAZAL ALI (3-judge bench)
Outcome
Dismissed
Case type
Criminal
Acts & sections cited
IPC Section 302, 326, 34, 447, 324, 323

Headnote

Indian Penal Code, S.' 441, on acco111plishme111 of possession of property by trespasser, whether true owner entitled to dispossess him and plead right to private defence. ~ The complainant Ram Khelawan had illegally encroached upon a portion of a public road and grown a paddy crop on it. A He was in peaceful possession of the land to the knowledge of the appellants who nevertheless went armed and tried to exercise their right over the public road, by passing through the field with their calltle and thereby damaging the crop. The complainants protested and a fight en­

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