Supreme Court · 2008 INSC 922 · Decided 11 August 2008
Salim and ORS. v. State of Haryana
- Court
- Supreme Court of India
- Citation
- 2008 INSC 922 · [2008] 11 S.C.R. 1154
- Case number
- CRIMINAL APPEAL No. 1254/2008
- Decided
- 11 August 2008
- Bench
- ARIJIT PASAYAT, H.S. BEDI (2-judge bench)
- Outcome
- Disposed off
- Case type
- Criminal
- Acts & sections cited
- IPC Section 27, 148, 307, 149, 323, 325; Evidence Act Section 105; Arms Act Section 27
Headnote
Penal Code, 1860: c ss. 96 to 106 - Right of private defence - Exercise of - Held: Question as to whether in a particular situation a person acted reasonably in exercise of right of private defence is a question of fact- Court to take surrounding circumstances for determining such question - On does not establish that the accused persons were exercising D right of private defence - Appropriate conviction would be un- der s. 304 (Part I) r. w. s. 149 and not under s. 302. '~ Evidence Act, 1872: s.105 - Burden to prove right of private defence - Held: E Is on accused who sets up such
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