Supreme Court of India
Dharam and Ors. v. State of Haryana
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.
3 Supreme Court benches have cited this judgment.
What the Court ordered
We are of the view that the fatal injury was not inflicted with the intention to cause death or an injury likely to cause death of the deceased.
Judgment, page 11
From the headnote
Penal Code, 1860-ss.96, 97, 99, JOO, 102, 105 & s.304-Part II Murder-Plea of private defence-Appellants went and attacked with lethal weapons the deceased and his family members in the latter's fields-Held: Appellants were aggressors-Hence cannot claim right of self defence-Right to defend does not include a right to launch an offensive or aggression However, on facts, appellants cannot be said to have entertained any intention to cause death of deceased-Hence conviction under s.304, Part-II would be proper. In a murder case, it was alleged by the prosecution that the three appellants along
Authorities it was built on
Where later benches applied it
- 2022 Ex. Ct. Mahadev v. The Director General, Boarder Security Force & Ors.
- 2015 Raj Singh v. State of Haryana Etc.
- 2010 Sikandar Singh & Ors. v. State of Bihar
Of those, 3 relied on
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