SADHU SINGH versus STATE OF PUNJAB

SADHU SINGH versus STATE OF PUNJAB

The right of private defence, even if exercised, was exceeded in the facts of the case; thus, conviction under Section 302 IPC is not sustainable but the conviction under Section 304 Part I IPC with custodial sentence of 10 years is appropriate.

Parties
Appellant: Sadhu Singh; Respondent: State of Punjab
Jurisdiction
India
Judgment Date
31 March 2009
Procedural Posture
Criminal Appeal No. 598 of 2009 / Appeal From Judgment & Order Dated 26.2.2008 of the High Court of Punjab and Haryana at Chandigarh
Outcome
Appeal partly allowed; conviction altered to Section 304 Part I IPC with sentence of 10 years' custody.
Legal Topics
Penal Code Murder, Right of Private Defence
Criminal Law Penal Code Murder Right of Private Defence

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Parties

Sadhu Singh

Appellant

State of Punjab

Respondent

Procedural Posture

Criminal Appeal No. 598 of 2009 / Appeal From Judgment & Order Dated 26.2.2008 of the High Court of Punjab and Haryana at Chandigarh

Legal Issues

  1. 1 Whether conviction under Section 302 IPC and Section 27 Arms Act negating plea of right of private defence was justified

Ratio Decidendi

The right of private defence, even if exercised, was exceeded in the facts of the case; thus, conviction under Section 302 IPC is not sustainable but the conviction under Section 304 Part I IPC with custodial sentence of 10 years is appropriate.

Court Disposition

Appeal partly allowed; conviction altered to Section 304 Part I IPC with sentence of 10 years' custody.

Orders

  • Conviction under Section 302 IPC set aside; convicted under Section 304 Part I IPC.
  • Custodial sentence of 10 years imposed.