Supreme Court · 2009 INSC 790 · Decided 12 May 2009
State of Punjab v. Gurlabh Singh and Another
- Court
- Supreme Court of India
- Citation
- 2009 INSC 790 · [2009] 8 S.C.R. 853
- Case number
- CRIMINAL APPEAL No. 178/2009
- Decided
- 12 May 2009
- Bench
- S.B. SINHA, H.S. BEDI, AFTAB ALAM (3-judge bench)
- Outcome
- Disposed off
- Case type
- Criminal
- Acts & sections cited
- IPC Section 300; Arms Act Section 29
Headnote
Penal Code, 1860 - s. 300, thirdly - Fatal gun shot injury to victim - Shot fired by accused on exhortion by co-accused c - Co-accused armed with gun - Conviction of accused u/s. 302 and co-accused uls 302134 as a/so s.29 Arms Act - High Court convicting accused u/s. 304 (Part I) and co-accused u/ IW s.34 holding that accused exercised right of private defence - Justification of - Held: On facts, case falls D under s.300, thirdly-All injuries were simple in nature - High Court erred in holding that accused exercised right of private defence - More so, said case not pleaded by accused -
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