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PANKAJ BHANDARI, BHUWAN GOYAL
Surendra Kumar @ Vishmbhar S/o Shri Girdhari – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT :
PANKAJ BHANDARI, J.
1. Accused-appellants have preferred this Criminal Appeal aggrieved by judgment and sentence dated 27.09.2018 passed by learned Additional District & Sessions Judge, No.2, Hindaun City, whereby appellants namely; Surendra Kumar @ Vishmbhar, Subhash @ Neta and Smt. Geeta each have been convicted and sentenced for the offences stated as under:-
(ii) Section 324 read with 149 I.P.C.- two years rigorous imprisonment and a fine of Rs.5,000/- and in default of payment of fine, to further undergo two months rigorous imprisonment.
(iii) Section 148 I.P.C.- two years rigorous imprisonment and a fine of Rs.5,000/- and in default of payment of fine, to further undergo two months rigorous imprisonment.
(iv) Section 323 read with 149 I.P.C.- six months rigorous imprisonment and a fine of Rs.1,000/- and in default of payment of fine, to further undergo fifteen days rigorous imprisonment.
(v) Section 341 I.P.C.- fine of Rs.500/- and in default of payment of fine, to further undergo seven days simple impris
Point of law: only permissible view would be to hold each accused responsible for his individual act. As the incident took place at the spur of moment after the violence acts committed by the members....
The main legal point established in the judgment is the application of the right of private defence and the assessment of excessive use of force in self-defence.
Once it is concluded that case is of free fight, concept of vicarious liability under Section 149, IPC cannot be applied to such a case.
The main legal point established in the judgment is that the accused's actions constituted criminal trespass, assault, and causing death, and the medical evidence supported the conclusion that the in....
Point of Law : It is well established law that while exercising right of private defence, it is not required that defence be modulated step by step.
The main legal point established in the judgment is the importance of corroborating evidence and the need for a clear determination of the aggressor in assault cases.
The main legal point established is the requirement for a fair and impartial investigation, the burden of proof on the prosecution, and the exercise of the right of private defence in cases of alterc....
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