GOPAL & ANR. versus STATE OF RAJASTHAN

GOPAL & ANR. versus STATE OF RAJASTHAN

The appellants were entitled to claim private defence for the injuries and death of Rameshwar because the attack occurred in the appellants' field and both sides sustained injuries; however, the appellants lost the right of private defence as to Prabhat when he was seen fleeing and the appellants chased, pushed him down and inflicted multiple lathi blows causing his death; consequently conviction under Section 302 read with Section 34 IPC and life sentence was justified and confirmed.

Parties
Appellant: Gopal; Appellant: Mahesh; Respondent: State of Rajasthan
Jurisdiction
India
Judgment Date
18 January 2013
Procedural Posture
Criminal Appeal / Appeal Against High Court Judgment (criminal Appeal No.1156 of 2007)
Outcome
Appeal dismissed; conviction and sentence confirmed
Legal Topics
Private Defence, Murder, Burden of Proof Under Section 105 Evidence Act, Right of Private Defence, Conviction Under Section 302 Read With Section 34 IPC
Criminal Law Evidence Private Defence Murder Burden of Proof Under Section 105 Evidence Act Right of Private Defence Conviction Under Section 302 Read With Section 34 IPC

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Parties

Gopal

Appellant

Mahesh

Appellant

State of Rajasthan

Respondent

Procedural Posture

Criminal Appeal / Appeal Against High Court Judgment (criminal Appeal No.1156 of 2007)

Legal Issues

  1. 1 Whether the appellants were entitled to claim private defence for the deaths that occurred
  2. 2 Whether the appellants exceeded the right of private defence by chasing and fatally assaulting Prabhat
  3. 3 Whether conviction under Section 302 read with Section 34 IPC and life sentence was justified

Ratio Decidendi

The appellants were entitled to claim private defence for the injuries and death of Rameshwar because the attack occurred in the appellants' field and both sides sustained injuries; however, the appellants lost the right of private defence as to Prabhat when he was seen fleeing and the appellants chased, pushed him down and inflicted multiple lathi blows causing his death; consequently conviction under Section 302 read with Section 34 IPC and life sentence was justified and confirmed.

Court Disposition

Appeal dismissed; conviction and sentence confirmed

Orders

  • Appeal dismissed
  • Conviction of appellants under Section 302 read with Section 34 of the Indian Penal Code confirmed