Supreme Court · 2009 INSC 438 · Decided 31 March 2009

Sadhu Singh v. State of Punjab

Court
Supreme Court of India
Citation
2009 INSC 438 · [2009] 5 S.C.R. 344
Case number
CRIMINAL APPEAL No. 598/2009
Decided
31 March 2009
Bench
ARIJIT PASAYAT, A.K. GANGULY (2-judge bench)
Outcome
Case Partly allowed
Case type
Criminal
Acts & sections cited
IPC Section 302, 96, 27, 100, 101, 102, 105; Arms Act Section 27

Headnote

5 S.C.R. 344 SADHU SINGH v. STATE OF PUNJAB (Criminal Appeal No. 598 of 2009) MARCH 31, 2009 [DR. ARIJIT PASA VAT AND ASOK KUMAR GANGUL Y, JJ.) Penal Code, 1860 - ss. 302 and 96-106 - Right of C private defence - Availability and extent of- Plea, when can be raised and burden of proof - Stated - defence D raised by accused - Justification of - Held: On facts, plea of exercise of private defence not sustainable - However, conviction altered to s. 304 (Part I) with custodial sentence of 10 years -Arms Act, 1959 - s. 27. E The question which arose for consideration in the appeal was whether

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