IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
J.J.MUNIR, SANJIV KUMAR
Shakar – Appellant
Versus
State of U.P. – Respondent
JUDGMENT :
SANJIV KUMAR, J.
1. This criminal appeal has been preferred, under Section 374 (2) Cr.P.C., by appellants Shakar, Yusuf, Unus, Irfan and Manjar against the judgment and order dated 09.10.1984 passed by Ist Additional Sessions Judge, Ghaziabad in Session Trial No.143 of 1983, under Sections 147, 148, 302/149 and 307/149 Indian Penal Code (in short ‘I.P.C.’), Police Station Bhojpur, District Ghaziabad.
2. By the impugned judgment and order, the appellants, Shakar, Irfan and Manjar were held guilty and convicted and sentenced to undergo one year’s rigorous imprisonment for offence punishable under Section 147 I.P.C. appellants Unus and Yusuf were sentenced to undergo one year’s rigorous imprisonment for offence punishable under Section 148 I.P.C. all the five appellants were convicted and sentenced to undergo imprisonment for life for offence punishable under Section 302 read with Section 149 I.P.C. and all of them were further convicted and sentenced to undergo three years’ rigorous imprisonment each for the offence punishable under Section 307 read with Section 149 I.P.C. It was further directed that all the sentences shall run concurrently.
3. Feeling aggrieved, the present
(1) A case and counter case arising out of same incident should always be tried by same Court.(2) Right to private defence – Reasonable apprehension of death or genuine apprehension of grievous hurt ....
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....
The prosecution must prove guilt beyond reasonable doubt, and the right of private defence arises only when this burden is met, which was not established in this case.
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