Supreme Court · 2008 INSC 550 · Decided 29 April 2008
Udaykumar Pandharinath Jadhav @ Munna v. State of Maharashtra
- Court
- Supreme Court of India
- Citation
- 2008 INSC 550 · [2008] 7 S.C.R. 189
- Case number
- CRIMINAL APPEAL No. 255/2006
- Decided
- 29 April 2008
- Bench
- S.B. SINHA, H.S. BEDI (2-judge bench)
- Outcome
- Case Partly allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 304, 302, 304(1)
Headnote
Penal code, 1860 - s. 304 (Part I) - Murder - Two eye- witnesses - One of the eye-witnesses stating that deceased first attacked the accused - Accused taking the plea of private c defence - Courts below convicting the accused uls 302 - On appeal, held: Plea of private defence is available to he exceeded the right of private defence - Hence conviction altered to one uls 304 (Part I). Appellant-accused was prosecuted uls 302 IPC for D causing death of a person. The incident was seen by two eye-witnesses. One of the eye-witnesses-<Ui his cross- examination stated that the deceased
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