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SURESHWAR THAKUR, LALIT BATRA
Bhola Singh – Appellant
Versus
State of Haryana – Respondent
JUDGMENT
Mr. Sureshwar Thakur, J.
The present appeal is directed against the impugned verdict, as made on 10.03.2022, upon case bearing CIS No.SC No.26 of 2016, by the learned Additional Sessions Judge, Kurukshetra, where through in respect of charges drawn against the accused qua offences punishable under Sections 148, 149, 307, 323, 324, 325, 341, 427 of the IPC, thus the learned trial Judge concerned, proceeded to record a finding of conviction against the appellants-convicts. However, the other co-accused namely Gurmeet son of Karam Singh, Kuldeep Singh of Sukha Singh, and, Virender Singh @ Babbu son of Jagir Singh were acquitted from the charges drawn against them. Moreover, through a separate sentencing order drawn on 11.03.2022, the learned trial Judge concerned, sentenced the appellants-convicts in the hereinafter extracted manner.
| Offence/ Section | Quantum of Sentence |
| 148 IPC | Rigorous imprisonment for a period of three years each and to pay fine of Rs.1,000/- each. In default of payment of fine, to undergo simple imprisonment for a period of three months each. |
| 341 read with section 149 IPC | Simple imprisonment for a period of one year each and to p |
The court affirmed that the appellants exceeded their right of private defence due to their superior strength and armed status, justifying the conviction.
The right to self-defense is limited by the necessity of proportionality and cannot be claimed when the defender has superior numbers and uses lethal force.
The central legal point established in the judgment is the validity of the accused's exercise of the right of private defence.
The main legal point established in the judgment is that while individuals have the right to private defence of their property, causing death in excess of this right constitutes an offence under the ....
The court emphasized that the burden of proving the right to private defence need not be established by the defence beyond all reasonable doubt, and rejected the appellants' plea of right to private ....
The main legal point established in the judgment is the application and limitation of the right of private defence, leading to the toning down of the charge and acquittal of the accused from certain ....
The court applied exception 4 to Section 300 of the IPC to determine the appropriate charges and convictions based on the nature of injuries and the circumstances of the incident.
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