Supreme Court · 2005 INSC 119 · Decided 3 March 2005
V. Subramani and ANR. v. State of Tamil Nadu
- Court
- Supreme Court of India
- Citation
- 2005 INSC 119 · [2005] 2 S.C.R. 536
- Case number
- CRIMINAL APPEAL No. 378/2005
- Decided
- 3 March 2005
- Bench
- ARIJIT PASAYAT, S.H. KAPADIA (2-judge bench)
- Outcome
- Disposed off
- Case type
- Criminal
- Acts & sections cited
- IPC Section 96to102, 105, 324, 302; Evidence Act Section 105
Headnote
Penal Code, 1860 : Sections 96 to 102 and 105-Criminal trial-Right of private defence- C Nature of-Held : It is essentially a defensive right circumscribed by the governing statute, i.e. !PC and should not be allowed to be pleaded or availed as a pretext for a vindic.tive, aggressive or The burden stands discharged by showing preponderance of probabilities in D favour of that plea on the basis of material on record-On facts, the accused, who were convicted by courts below for causing murder, failed to establish that they were exercising right of private defence-Evidence
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