Supreme Court · 2004 INSC 657 · Decided 18 November 2004
State of Madhya Pradesh v. Ramesh
- Court
- Supreme Court of India
- Citation
- 2004 INSC 657 · [2004] SUPP. 6 S.C.R. 152
- Case number
- CRIMINAL APPEAL No. 1023/1999
- Decided
- 18 November 2004
- Bench
- ARIJIT PASAYAT, C.K. THAKKER (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 96, 302, 300, 338
Headnote
Penal Code, 1860: Section. 96-Right of private defence-Exercise of-Deceased was C passing in front of the house of the accused when his two brothers and mother started pelting stones on him-Thereafter, the accused shot at the deceased who died on the spot-Accused pleaded exercise of right of 302 holding that the firing was deliberate-However, the D High Court accepted the plea of self-defence and altered the conviction to one under S. 304 Part I-Correctness of Held: The right of private defence is essentially a defensive right which. is available as and when the circumstances
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