SONE LAL & ORS. versus STATE OF U.P.
The appellants were the aggressors and had no right of private defence even if they received injuries. The occurrence took place on the land in front of PW.1's house, who was in possession. The conviction under s. 302, 307, 323 read with s. 149 IPC is upheld.
- Parties
- Appellant: SONE LAL & ORS.; Respondent: STATE OF U.P.
- Jurisdiction
- India
- Judgment Date
- 03 April 1981
- Procedural Posture
- Criminal Appeal No. 220 of 1974 / Appeal by Special Leave From Allahabad High Court
- Outcome
- Appeal dismissed
- Legal Topics
- Indian Penal Code Section 302, Indian Penal Code Section 307, Indian Penal Code Section 323, Indian Penal Code Section 149, Right of Private Defence, Enmity, Altercation, Assault
Case Brief
Summary, issues, holding and outcome
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Parties
SONE LAL & ORS.
Appellant
STATE OF U.P.
Respondent
Procedural Posture
Criminal Appeal No. 220 of 1974 / Appeal by Special Leave From Allahabad High Court
Legal Issues
- 1 Whether the accused were aggressors.
- 2 Whether the accused were entitled to the right of private defence.
- 3 Whether prosecution's failure to explain accused's injuries vitiates conviction under section 149 IPC.
Ratio Decidendi
The appellants were the aggressors and had no right of private defence even if they received injuries. The occurrence took place on the land in front of PW.1's house, who was in possession. The conviction under s. 302, 307, 323 read with s. 149 IPC is upheld.
Court Disposition
Appeal dismissed
Orders
- Conviction and sentences under sections 302/149, 307/149, and 323/149 IPC and section 148 IPC upheld. Sentences to run concurrently.
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