Supreme Court · 1974 INSC 116 · Decided 2 May 1974
State of U.P. v. Ram Swarup & ANR.
- Court
- Supreme Court of India
- Citation
- 1974 INSC 116 · [1975] 1 S.C.R. 409
- Case number
- CRIMINAL APPEAL No. 192/1972
- Decided
- 2 May 1974
- Bench
- M. HAMEEDULLAH BEG, Y.V. CHANDRACHUD, V.R. KRISHNA IYER (3-judge bench)
- Outcome
- Dismissed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 307; Arms Act
Headnote
Criminal Law-Murder-Private defence, right of. Ap,peaf-Appeal against aOquittal-Locus standi of Stdte to appeal under ar:icle 136. G and deceased M were trade rivals. At about 7 a.m. G went to pur~ chase a basket of melons from the deceased. The deceased declined to sell it. Hot words f'ollowed. G the• n1arket with his son R and two other sons. G had a knife ll a gun and the others carried lathis. They advanced aggressively to\vards the decease.I who attempted to retreat. R shot him dead at point b'lank range. The Learned Sessions Jltdge convicted R under section 302 and sentenced
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