AMJAD KHAN versus THE STATE

AMJAD KHAN versus THE STATE

On the facts found, the appellant had reasonable grounds for apprehending death or grievous hurt and acted in exercise of his right of private defence, which extended even to causing death; his action was justified under the circumstances and he did not use more force than necessary.

Parties
Appellant: Amjad Khan; Respondent: The State
Jurisdiction
India
Judgment Date
20 March 1952
Procedural Posture
Criminal Appeal / Appeal by Special Leave From the Judgment and Order Dated 26th September, 1950 of the High Court of Judicature of Nagpur in Criminal Appeal No. 251 of 1950, Arising Out of Judgment Dated 2nd August, 1950, of the Court of Sessions Judge, Jabaipur, in Sessions Trial No. 32 of 1950
Outcome
Appeal allowed; convictions and sentences set aside; appellant will be released.
Legal Topics
Right of Private Defence, Apprehension of Death or Grievous Hurt
Criminal Law Right of Private Defence Apprehension of Death or Grievous Hurt

Case Brief

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Parties

Amjad Khan

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Appeal by Special Leave From the Judgment and Order Dated 26th September, 1950 of the High Court of Judicature of Nagpur in Criminal Appeal No. 251 of 1950, Arising Out of Judgment Dated 2nd August, 1950, of the Court of Sessions Judge, Jabaipur, in Sessions Trial No. 32 of 1950

Legal Issues

  1. 1 Whether the appellant acted in exercise of the right of private defence under the Indian Penal Code

Ratio Decidendi

On the facts found, the appellant had reasonable grounds for apprehending death or grievous hurt and acted in exercise of his right of private defence, which extended even to causing death; his action was justified under the circumstances and he did not use more force than necessary.

Court Disposition

Appeal allowed; convictions and sentences set aside; appellant will be released.

Orders

  • The convictions and sentences are set aside.
  • The appellant will be released.