Supreme Court of India
Kulwant Singh and Ors. v. State of Punjab
INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.
1 Supreme Court bench has cited this judgment.
What the Court ordered
We are of the opinion that the accused C persons have not been able to discharge their onus of proof that they had killed the deceased in exercise of their right of private defence.
Judgment, page 20
From the headnote
Penal Code, 1860-Sections 96, 148, 149, 302 & 323-Evidence Act, ... 1872-Section 32-Murder of two persons and injuring two witnesses by c accused with sharp weapons-One of the deceased making a statement five days before death-Whether dying declaration-Plea of right of private defence by accused-Admissibility of-Held, the said statement is a dying declaration and hence admissible in evidence-On facts, the accused were not able to establish that the offence was committed in the exercise of their right of private defence. Appellants, numbering three, with their father (accused no.I) and brother
Where later benches applied it
Of those, 1 referred to
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