SAMPAT SINGH versus STATE OF RAJASTHAN

SAMPAT SINGH versus STATE OF RAJASTHAN

The appellant exceeded his right of private defence in causing fatal injuries to the deceased, and the conviction under section 304 Part II IPC was based on sufficient evidence apart from his statement under section 342 Cr.P.C.; it is permissible for the court to rely on portions of the accused's statement together...

Source-derived case information.

Parties
Appellant: Sampat Singh; Respondent: State of Rajasthan
Jurisdiction
India
Judgment Date
07 January 1969
Procedural Posture
Criminal Appeal / Final Judgment Supreme Court Appeal by Special Leave
Outcome
Appeal dismissed; conviction and sentence upheld
Legal Topics
Murder, Culpable Homicide, Right of Private Defence, Section 342 Cr.p.c. Statement, Conviction Based on Accused's Statement
Criminal Law Murder Culpable Homicide Right of Private Defence Section 342 Cr.p.c. Statement Conviction Based on Accused's Statement

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 2 Authorities cited 9 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Sampat Singh

Appellant

State of Rajasthan

Respondent

Procedural Posture

Criminal Appeal / Final Judgment Supreme Court Appeal by Special Leave

Legal Issues

  1. 1 Whether the accused exceeded his right of private defence
  2. 2 Extent to which non-confessional statement under section 342 Cr.P.C. may be relied on for conviction

Ratio Decidendi

The appellant exceeded his right of private defence in causing fatal injuries to the deceased, and the conviction under section 304 Part II IPC was based on sufficient evidence apart from his statement under section 342 Cr.P.C.; it is permissible for the court to rely on portions of the accused's statement together with other evidence to find guilt.

Court Disposition

Appeal dismissed; conviction and sentence upheld

Orders

  • The conviction of the appellant under section 304 Part II IPC is upheld.
  • Sentence of rigorous imprisonment for four years and fine of Rs. 100/- confirmed; in default, two months further rigorous imprisonment.