Supreme Court · 1998 INSC 303 · Decided 12 August 1998
State of Rajasthan v. Ram Bharosi and ORS.
- Court
- Supreme Court of India
- Citation
- 1998 INSC 303 · [1998] 3 S.C.R. 1129
- Case number
- CRIMINAL APPEAL No. 2087/1996
- Decided
- 12 August 1998
- Bench
- M.K. MUKHERJEE, D.P. WADHWA (2-judge bench)
- Outcome
- Case Allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 97, 99, 103, 441, 300, 302, 149, 307; Arms Act Section 3, 25
Headnote
B Criminal Law: Penal Code, 1860: Sections 97, 99, 103, 441 and 300 Exception 2. c Private defence-Right of-Extending to cause death-Availability a/­ Dispute related to ownership and possession of agricultural land-Accused fully armed with firearms and lathis whereas complainants (deceased and was fired upon and his nephew given lathi blows-Held: Even assuming that the accused were in possession of the land, D the complainants cannot have committed trespass under S.441-0therwise also right of private defence can extend to causing death only in case of house-breaking by night-Accused
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