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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
SANJIV KUMAR
Ram Darash – Appellant
Versus
State – Respondent
JUDGMENT :
SANJIV KUMAR, J.
1. This Criminal Appeal has been preferred by appellants/convicts, Ram Daras, Jai Nath, Hari, Gulab and Bhikhari, under Section 374(2) Code of Criminal Procedure, 1973, (‘in short’ Cr.P.C.), against the judgment and order dated 13.11.1986, passed by Sri Umesh Chandra Mishra, IIIrd Additional Sessions Judge, Ballia, in Sessions Trial No.173 of 1983, under Section 147, 323 read with 149, 308 read with 149 and 324 read with 149 Indian Penal Code, 1860, (in short IPC), Police Station- Bhimpura, District- Ballia.
2. By the impugned judgment and order, dated 13.11.1986, the learned Trial Court has convicted all the appellants for offence punishable under Section 147 IPC to a term of 6 months rigorous imprisonment; under Section 323 read with 149 IPC to a term of 9 months of rigorous imprisonment; for offence under Section 308 read with 149 IPC to a term of 3 years of rigorous imprisonment and it was directed that all the sentences shall run concurrently. The appellant Ram Daras was acquitted of offence under Section 324 IPC and rest of the four appellants were acquitted of offence under Section 324 read with 149 IPC.
3. During the pendency of this appeal appellant
The right of private defence must not be exceeded; excessive force leads to culpable homicide under Section 304 IPC.
The right of private defense applies when there is a reasonable apprehension of danger to life, allowing for necessary force in self-defense, as established in the judgment.
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....
Accused's claim of self-defence not properly considered by the trial court, resulting in a miscarriage of justice and violation of fair trial principles.
Minor inconsistencies in eyewitness testimony do not undermine the overall credibility of the case, particularly when witnesses have sustained injuries and evidence reflects a disproportionate respon....
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