Supreme Court · 2014 INSC 266 · Decided 11 April 2014
State of Rajasthan v. Manoj Kumar
- Court
- Supreme Court of India
- Citation
- 2014 INSC 266 · [2014] 8 S.C.R. 589
- Case number
- CRIMINAL APPEAL No. 885/2007
- Decided
- 11 April 2014
- Bench
- K.S. RADHAKRISHNAN, DIPAK MISRA (2-judge bench)
- Outcome
- Dismissed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 304, 34, 302; CrPC Section 313; Evidence Act Section 105; Arms Act Section 25127, 25, 27
Headnote
A · Penal Code, 1860..: s.304 Part I - Murder - Verbal altercation over ownership and possession of property led to , the incident - Death caused due to gunshot injury - Three C accused - Accused 'R' had fired the gunshot - All accused convicted by trial court uls.302 rlw s.34- High Court but held that 'R' had exceeded the right of private defence, and converted his conviction uls.302 to one u/s.304 Part-I - Justification - Held: D In the case at hand, the plea ofright of private defence arose . on the base of materials on record - As far as onus was concerned, there was ocular
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