IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
DEEPAK GUPTA
Amrik Singh – Appellant
Versus
State Of Punjab – Respondent
JUDGMENT :
Deepak Gupta, J.
Six accused, namely, Amrik Singh, Gurmit Singh, Sahib Singh, Dalbir Kaur, Bakshish Singh and Jhirmil Singh faced trial in the Court of learned Addl. Session Judge (Ad hoc) Fast Tract Court, Gurdaspur in a case arising out of FIR No.34 dated 07.04.1998, registered at Police Station Fatehgarh Churian, District Gurdaspur, under Sections 326, 325, 323, 324/34 IPC.2.1 Vide judgment dated 16.09.2003, though two of them, namely, Jhirmil Singh and Bakshish Singh were acquitted by giving them the benefit of doubt, but other four were convicted. Conviction of accused - Amrik Singh and Gurmit Singh was recorded under Sections 324 , 325/34 and 326/34 IPC . Accused - Sahib Singh was convicted under , 325 and 326 ; whereas Dalbir Kaur was convicted under & 326 besides Section 325 /34 .
2.2 Vide a separate order of the even date, i.e., 16.09.2003, the four convicts were sentenced as under:-

3. Against the aforesaid conviction and sentence, the four convicts filed the present appeal, which was admitted by this court on 13.10.2003.
4. During pendency of this appeal, one of the appellant-convict, Amrik Singh has since expired on 25.04.2023, as per the copy of death certif
Aggressors in a conflict cannot claim the right to self-defense, and significant evidence corroborated the complainants' position over the disputed land.
Point of Law : Criminal Trial - Private defence - The law of private defence does not require that the person assaulted or facing an apprehension of an assault must run away for safety. It entitles h....
Insufficiency of evidence to prove charges beyond a reasonable doubt.
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 affirmed that the appellants exceeded their right of private defence due to their superior strength and armed status, justifying the conviction.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.