RAJINDER AND ORS. versus STATE OF HARYANA

RAJINDER AND ORS. versus STATE OF HARYANA

The accused party had no right of private defence of property as the complainant party entered only to persuade them to withdraw and not with intent to commit any offence; thus, murderous attack was not justified and Exception 2 to Section 300 IPC was not applicable as the attack was premeditated and excessive.

Parties
Appellants: Rajinder and Ors.; Respondent: State of Haryana; Complainant: Complainant (PW17/PW19)
Jurisdiction
India
Judgment Date
12 July 1995
Procedural Posture
Criminal Appeal / Supreme Court Judgment
Outcome
Appeal dismissed except for one appellant; convictions confirmed for remaining appellants.
Legal Topics
Indian Penal Code, Terrorist and Disruptive Activities (prevention) Act, Right of Private Defence, Criminal Trespass
Criminal Law Indian Penal Code Terrorist and Disruptive Activities (prevention) Act Right of Private Defence Criminal Trespass

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Parties

Rajinder and Ors.

Appellants

State of Haryana

Respondent

Complainant (PW17/PW19)

Complainant

Procedural Posture

Criminal Appeal / Supreme Court Judgment

Legal Issues

  1. 1 Whether accused had right of private defence of property and person
  2. 2 Applicability of Exception 2 to Section 300 IPC
  3. 3 Whether complainant party committed 'criminal trespass'

Ratio Decidendi

The accused party had no right of private defence of property as the complainant party entered only to persuade them to withdraw and not with intent to commit any offence; thus, murderous attack was not justified and Exception 2 to Section 300 IPC was not applicable as the attack was premeditated and excessive.

Court Disposition

Appeal dismissed except for one appellant; convictions confirmed for remaining appellants.

Orders

  • Appellant Jai Narain acquitted; discharged from bail bond.
  • Other appellants to surrender to their bail bonds to serve out sentences imposed by trial court.