Supreme Court of India
Bandlamuddi Atchuta Ramaiah and Ors. v. State of Andhra Pradesh
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What the Court ordered
In the result, we allow this appeal and alter the conviction of the appellant Sambasivarao (second accused) to section 304 (Part I) of the Indian Penal Code and sentence him to undergo RI for five years.
Judgment, page 11
From the headnote
Indian Peal Code, 1860-Sections 97, 304 (Part-I)-Following an alter cation on the previous day, Second accused inflicted a stab injury on the chest of ti1e deceased, when he was held by other accused---All the accused were caught and beaten by the furious neighbours-Held, on facts deceased's party was aggressor-Second accused had exceeded the limit of right of private defence and is liable to be convicted under Section 304 (paTt-1 )-But the third accused cannot be found guilty of any offence as his acts had not gone beyond the limit of right of private defence. Criminal Procedure Code1
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