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Amar Singh – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
Subhash Chand, J.
The instant appeal on behalf of accused-appellants under Section 374(2) Cr.P.C. is preferred against the judgment and orders dated 01.03.2019 passed by 3rd Additional Sessions Judge, Chitrakoot, in Sessions Trial No. 2 of 2008, State vs. Amar Singh and another & Sessions Trial No. 3 of 2008 (State Vs. Amar Singh), whereby the appellants have been convicted and sentenced as follows:
| Sessions Trial No. 2 of 2008 | |
| Appellant -Amar Singh | |
| 304 IPC Rs.20,000/- | Ten years rigorous imprisonment with fine of and in default of payment of fine six months additional simple imprisonment. |
| Sessions Trial No. 3 of 2008 | |
| Appellant -Amar Singh | |
| 25/27 Arms Act | Two years rigorous imprisonment with fine of Rs.5,000/- and in default of payment of fine two months' additional simple imprisonment. |
1. In the present appeal facts of the prosecution case may be summarized as under :
Right of private defence - When right of private defence of property extends to causing death if theft, mischief, or house-trespass, under such circumstances as may reasonably cause apprehension that....
The right to private defense under IPC Sections 96-102 allows an individual to use reasonable force to protect oneself from imminent harm, and the assessment of such defense must consider the subject....
The distinction between intention and motive is crucial in determining the nature of the offence, and the duty to separate evidence for each accused is essential in criminal cases.
If right of private defence has not been established (on test of preponderance of probabilities) as required under Section 105 of Indian Evidence Act, if court, on an overall appreciation of facts an....
The right to self-defense under IPC can be invoked if there is reasonable apprehension of death or grievous injury; defense must be proportionate to the threat faced.
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