KRISHNA & ANR versus STATE OF U.P

KRISHNA & ANR versus STATE OF U.P

Since the accused were the aggressors and attacked the deceased first, the question of exercising right of private defence did not arise. The right is not available when the need to defend no longer survives and the cause of reasonable apprehension has disappeared.

Parties
Appellant: Krishna; Appellant: Kaira; Respondent: State of U.P.
Jurisdiction
India
Judgment Date
21 June 2007
Procedural Posture
Criminal Appeal / Appeal From High Court Judgment
Outcome
Appeal dismissed
Legal Topics
Right of Private Defence, Penal Code Section 96, Self Defence, Nature and Scope, Burden of Proof, Commencement and Termination
Criminal Law Right of Private Defence Penal Code Section 96 Self Defence Nature and Scope Burden of Proof Commencement and Termination

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Parties

Krishna

Appellant

Kaira

Appellant

State of U.P.

Respondent

Procedural Posture

Criminal Appeal / Appeal From High Court Judgment

Legal Issues

  1. 1 Whether the accused were entitled to the right of private defence under Section 96, IPC
  2. 2 Burden of proof for plea of private defence
  3. 3 Extent and commencement of right of private defence

Ratio Decidendi

Since the accused were the aggressors and attacked the deceased first, the question of exercising right of private defence did not arise. The right is not available when the need to defend no longer survives and the cause of reasonable apprehension has disappeared.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed