Showing : 61-70 of 103 Results

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-- Self defence - Single blow on vital part of body - Held, when a person looses his sense, he may act violently - That by itself is not a ground to reject the plea of self defence...........
SUPREME COURT OF INDIA
Year of decision: 2006
Details
Indian Penal Code, 1860, Section 96, 97, 98, 99, 100, 101, 102-- Self defence - Single blow on vital part of body - Held, when a person looses his sense, he may act violently - That by itself is not a ground to reject the plea of self defence...........
SUPREME COURT OF INDIA
Year of decision: 2006
Details
Indian Penal Code, 1860, Section 96, 97, 98, 99, 100, 101, 102-- Private defence - Plea of - Need not be specifically raised - Court is to see whether plea of private defence is probable in the facts and circumstances of the case...........
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, Criminal Procedure Code, 1973, Section 313-- Private defence - Plea not raised in statement u/s 313 Cr.P.C. - Plea of self defence is still available as accused cannot be expected to admit that he had inflicted the blow that killed the deceased...........
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: 2006
Details
Indian Penal Code, 1860, Section 302, 323, 96, 97, 98, 99, 100, 101, 102, 103, 104, 105, 106-- Deceased and his son attacked appellant with sticks and to protect his head raised the hands and got injuries on elbow - Appellant apprehending grievous hurt, picked up thorny stick lying on spot and hit the deceased to protect himself and not with intention of killing him - Deceased died two days..........
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-- Private defence - Merely because there was a quarrel and some of the accused persons sustained injuries, that does not confer a right of private defence extending to the extent of causing death - Though such right cannot be weighed in golden scales, it has to be established that the accused..........
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-- Private defence - To claim a right of private defence extending to voluntary causing of death, accused must show that there were circumstances giving rise to reasonable grounds for apprehending that either death or grievous hurt would be caused to him - The burden is on the accused to show that he..........

Showing : 61-70 of 103 Results