Supreme Court · 2003 INSC 26 · Decided 21 January 2003
Rizan and Another v. State of Chhatisgarh, Through the Chief Secretary, GOVT. of Chhatisgarh, Raipur, Chhatisgarh
- Court
- Supreme Court of India
- Citation
- 2003 INSC 26 · [2003] 1 S.C.R. 457
- Case number
- CRIMINAL APPEAL No. 82/2003
- Decided
- 21 January 2003
- Bench
- SHIVARAJ V. PATIL, ARIJIT PASAYAT (2-judge bench)
- Outcome
- Dismissed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 323, 326; Evidence Act
Headnote
Penal Code, J 860: A B Ss. 32 3 and 326-Conviction under by courts below rejecting plea of C private defence by accused-On appeal, held-In the facts of the case plea of private defence not proved-Hence conviction justified. Sections 96, 97, 98, JOO and JOI-Right to private to find availability of private defence the injuries received by the accused, the imminence of threat to his safety, the injuries caused by him D and the circumstances whether the accused had time to have recourse to public authorities are relevant factors to be considered-Exercise of private
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