Showing : 1-10 of 13 Results

SUPREME COURT OF INDIA
Year of decision: 2009
Details
Indian Penal Code, 1860, Section 302, 324, 342, 96, 97, 98, 99, 100, 101, 102, 103, 104, 105, 106-- Conviction u/ss 302, 324, 342 IPC by trial Court, upheld by High Court - Appeal against - FIR was promptly lodged - Injuries on the accused were simple in nature - Evidence of PW's clear, cogent and credible - Where injuries sustained by accused are minor and superficial and evidence is clear and..........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Indian Penal Code, 1860, Section 96, 97, 98, 99, 100, 101, 102, 103, 104, 105, 106, Evidence Act, 1872, Section 105-- Right of private defence - Burden of proof - The burden of proof is on the accused who sets up the plea of self defence - It is for the accused to place necessary material on record either by himself adducing positive evidence or by eliciting necessary facts from the witnesses examined by..........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Indian Penal Code, 1860, Section 96, 97, 98, 99, 100, 101, 102, 103, 104, 105, 106, Evidence Act, 1872, Section 105-- Private defence - Onus to prove is on accused - Plea can be established either by defence evidence or from the prosecution evidence - It cannot be based on speculation or mere surmises - Plea need not to be taken explicitly - There must be circumstances which caused reasonable apprehension in the..........
SUPREME COURT OF INDIA
Year of decision: 2007
Details
Indian Penal Code, 1860, Section 96, 97, 98, 99, 100, 101, 102-- Private defence - Not necessary for accused to plead in so many words that he acted in self-defence - If the circumstances show that the right of private defence was legitimately exercised, it is open to the Court to consider such a plea - Burden of proof is on the accused - Accused can proved..........
SUPREME COURT OF INDIA
Year of decision: 2007
Details
Indian Penal Code, 1860, Section 96, 97, 98, 99, 100, 101, 102-- Private defence - Injuries - Not a safe criterion for determining who the aggressor was - Injuries on the person of accused does not lead to a presumption that accused had caused injuries in exercise of his right of private defence - It has to be proved that injuries so caused probabilities the..........
SUPREME COURT OF INDIA
Year of decision: 2006
Details
Indian Penal Code, 1860, Section 302, 95, 96, 97, 98, 99, 100, 101, 102, 304-- Part II - Murder - Right of private defence - Dispute over the passage - Incident started by deceased by giving a sota blow - Accused in right of private defence caused injury to deceased by back side of kulhari - PW8 son of deceased and PW10 admitted that appellant suffered injuries in the..........
SUPREME COURT OF INDIA
Year of decision: 2006
Details
Indian Penal Code, 1860, Section 95, 96, 97, 98, 99, 100, 101, 102-- Private defence - Right of - Proof - Not necessary to lead evidence - Can be proved from the evidence of prosecution...........
SUPREME COURT OF INDIA
Year of decision: 2006
Details
Indian Penal Code, 1860, Section 96, 97, 98, 99, 100, 101, 102, 103, 104, 105, 106, Evidence Act, 1872, Section 105-- Private defence - Onus to prove is on accused - Plea can be established either by defence evidence or from the prosecution evidence - It cannot be based on speculation or mere surmises - Plea need not to be taken explicitly - There must be circumstances which caused reasonable apprehension in the..........
SUPREME COURT OF INDIA
Year of decision: 2005
Details
Indian Penal Code, 1860, Section 97, 98, 99, 100, 101, 102-- Private defence - Burden to prove is on the accused - For its proof no positive evidence is required to be adduced - It can be proved by eliciting the necessary materials from the witnesses examined by the prosecution - Plea can also be established from the attending circumstances, as may..........
SUPREME COURT OF INDIA
Year of decision: 2005
Details
Indian Penal Code, 1860, Section 97, 98, 99, 100, 101, 102-- Private defence - Plea of - Need not to be taken specifically if it is available from evidence adduced in the case...........

Showing : 1-10 of 13 Results