RAGHBIR SINGH AND ORS. versus STATE OF HARYANA

RAGHBIR SINGH AND ORS. versus STATE OF HARYANA

The accused did not establish that they were exercising right of private defence, but the injuries were inflicted in the course of a sudden quarrel; therefore, Exception 4 to Section 300 IPC applies, and the conviction is altered from Section 302 to Section 304 Part I IPC.

Source-derived case information.

Parties
Appellant: Raghbir Singh and Ors.; Respondent: State of Haryana
Jurisdiction
India
Judgment Date
12 November 2008
Procedural Posture
Criminal Appeal / Final Decision on Appeal From Judgment and Order Dated 14.11.2007 of the High Court of Punjab and Haryana at Chandigarh in Criminal Appeal No. 68 DB of 1998
Outcome
Conviction altered from Section 302 to Section 304 (Part I) IPC; custodial sentence of 10 years imposed. Appeal disposed of.
Legal Topics
Penal Code, Right of Private Defence, Sudden Quarrel Exception, Culpable Homicide, Evidence Law
Criminal Law Penal Code Right of Private Defence Sudden Quarrel Exception Culpable Homicide Evidence Law

Source-derived case record

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Parties

Raghbir Singh and Ors.

Appellant

State of Haryana

Respondent

Procedural Posture

Criminal Appeal / Final Decision on Appeal From Judgment and Order Dated 14.11.2007 of the High Court of Punjab and Haryana at Chandigarh in Criminal Appeal No. 68 DB of 1998

Legal Issues

  1. 1 Whether the accused acted in exercise of the right of private defence in causing injuries resulting in the death of the victim?
  2. 2 Whether conviction under Section 302 IPC is sustainable, or Exception 4 to Section 300 IPC applies?

Ratio Decidendi

The accused did not establish that they were exercising right of private defence, but the injuries were inflicted in the course of a sudden quarrel; therefore, Exception 4 to Section 300 IPC applies, and the conviction is altered from Section 302 to Section 304 Part I IPC.

Court Disposition

Conviction altered from Section 302 to Section 304 (Part I) IPC; custodial sentence of 10 years imposed. Appeal disposed of.

Orders

  • Conviction under Section 302 IPC altered to Section 304 Part I IPC.
  • Custodial sentence of 10 years imposed.