MOHAMMAD KHAN & ORS. versus STATE OF MADHYA PRADESH

MOHAMMAD KHAN & ORS. versus STATE OF MADHYA PRADESH

The inhabitants of Juna Siloda lawfully exercised their right of private defence when confronted by armed Naya Siloda residents waiting for them; they were justified in using force to defend against unlawful aggression as per ss. 96-106, Indian Penal Code. Naya Siloda inhabitants, who were aggressors, had no right of private defence.

Parties
Appellants (in Cr. A. No. 204 of 1967): Mohammad Khan & Ors.; Appellants (in Cr. A. No. 83 of 1968): Appellants in Cr. A. No. 83 of 1968; Respondent (in Both Appeals): State of Madhya Pradesh
Jurisdiction
India
Judgment Date
21 October 1971
Procedural Posture
Criminal Appeals / Appeals by Special Leave From Judgment and Order Dated February 27, 1967 of the Madhya Pradesh High Court, Indore Bench
Outcome
Criminal Appeal No. 204 of 1967 allowed; appellants acquitted. Criminal Appeal No. 83 of 1968 dismissed.
Legal Topics
Right of Private Defence, Indian Penal Code
Criminal Law Right of Private Defence Indian Penal Code

Case Brief

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Parties

Mohammad Khan & Ors.

Appellants (in Cr. A. No. 204 of 1967)

Appellants in Cr. A. No. 83 of 1968

Appellants (in Cr. A. No. 83 of 1968)

State of Madhya Pradesh

Respondent (in Both Appeals)

Procedural Posture

Criminal Appeals / Appeals by Special Leave From Judgment and Order Dated February 27, 1967 of the Madhya Pradesh High Court, Indore Bench

Legal Issues

  1. 1 Whether the right of private defence justified actions by the inhabitants of Juna Siloda
  2. 2 Whether the inhabitants of Naya Siloda could claim the right of private defence

Ratio Decidendi

The inhabitants of Juna Siloda lawfully exercised their right of private defence when confronted by armed Naya Siloda residents waiting for them; they were justified in using force to defend against unlawful aggression as per ss. 96-106, Indian Penal Code. Naya Siloda inhabitants, who were aggressors, had no right of private defence.

Court Disposition

Criminal Appeal No. 204 of 1967 allowed; appellants acquitted. Criminal Appeal No. 83 of 1968 dismissed.

Orders

  • Appellants in Cr. A. No. 204 of 1967 (Juna Siloda group) acquitted.
  • Appellants in Cr. A. No. 83 of 1968 (Naya Siloda group) dismissed; convictions upheld.