JAI DEV versus THE STATE OF PUNJAB

JAI DEV versus THE STATE OF PUNJAB

Appellants were guilty of murder under s. 302 IPC as the use of firearms occurred after the threat to their person or property had ceased. The right of private defence is not available in such circumstances.

Parties
Appellant: Jai Dev; Appellant: Hari Singh; Respondent: The State of Punjab
Jurisdiction
India
Judgment Date
30 July 1962
Procedural Posture
Criminal Appeal / Supreme Court Review of Conviction and Sentence (special Leave)
Outcome
Conviction confirmed; sentence reduced
Legal Topics
Murder, Self Defence, Unlawful Assembly, Sentencing
Criminal Law Murder Self Defence Unlawful Assembly Sentencing

Case Brief

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Parties

Jai Dev

Appellant

Hari Singh

Appellant

The State of Punjab

Respondent

Procedural Posture

Criminal Appeal / Supreme Court Review of Conviction and Sentence (special Leave)

Legal Issues

  1. 1 Whether appellants could claim the right of private defence in causing death of victims
  2. 2 Whether failure to put specific questions under s. 342 Code of Criminal Procedure vitiates the trial
  3. 3 Appropriateness of death sentence

Ratio Decidendi

Appellants were guilty of murder under s. 302 IPC as the use of firearms occurred after the threat to their person or property had ceased. The right of private defence is not available in such circumstances.

Court Disposition

Conviction confirmed; sentence reduced

Orders

  • Conviction under s. 302 IPC confirmed
  • Sentence of death set aside