Supreme Court · 2005 INSC 542 · Decided 28 October 2005
Triloki Nath and ORS. v. State of U.P.
- Court
- Supreme Court of India
- Citation
- 2005 INSC 542 · [2005] SUPP. 4 S.C.R. 931
- Case number
- CRIMINAL APPEAL No. 1150/2004
- Decided
- 28 October 2005
- Bench
- S.B. SINHA, R.V. RAVEENDRAN (2-judge bench)
- Outcome
- Dismissed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 99, 149
Headnote
B Penal Code, 1860: Section 99-Right of private defence-Exercise of-Extent­ Complainants piled up wood on the plot belonging to the accused on the C occasion of 'Holika Dehan'-The complainants were chased away from the plot-Accused, apprehending injury, killed the deceased-Incident took place rejecting the plea of private defence raised by the accused-Correctness of-Held: Accused must show the existence of D grounds that death or grievous hurt would be caused to him-Even in such cases the right of private defence could not be exceeded so as to cause more harm than
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