Supreme Court · 2006 INSC 806 · Decided 8 November 2006

Shivanna and ORS. v. State of Karnataka

Court
Supreme Court of India
Citation
2006 INSC 806 · [2006] SUPP. 8 S.C.R. 732
Case number
CRIMINAL APPEAL No. 1130/2006
Decided
8 November 2006
Bench
ARIJIT PASAYAT, LOKESHWAR SINGH PANTA (2-judge bench)
Outcome
Case Partly allowed
Case type
Criminal
Acts & sections cited
IPC Section 96, 97, 98, 99, 34, 149, 324, 326; Evidence Act Section 105

Headnote

Indian Penal Code, 1860. Sections 96, 97, 98, 99, JOO, JOI, 102, 103, I04, I05, I48, I49, 324, C 326 and 304 Part II-Right of private defence-Held, it is a right of defence, not of retribution, expected to repel unlawful aggression and not as retaliatory measure-Right when applicable-Held, when lasts so long as reasonable apprehension to body continues- D Burden of proof-Held, burden of proof is on accused-Accused taking plea not necessarily required to call evidence a;1d can establish plea by reference to circumstances transpiring from prosecution evidence itself-Burden stands

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