Supreme Court of India

Kashi Ram & Others v. State of Rajasthan

Neutral citation
Reported as [2008] 2 S.C.R. 101
Bench S.B. Sinha and Dalveer Bhandari JJ.
Decided 28 January 2008

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.

What the Court ordered

We are of the opinion that Balmukund, Appellant 1, should be sentenced to rigorous imprisonment for five years, and simultaneously the sentence D of seven years under Section 307, Indian Penal Code awarded to Appellants 1 and 2 both be reduced to three years each.

Judgment, page 16

From the headnote

Penal Code, 1860 - ss. 96 to 106 - Right of private defence - Exercise of - Accused proceeding to a definite destination with lethal weapons and thereafter, causing fatal c injuries as well as serious injuries on unarmed complainant party - Courts below holding that accused exceeded the right of private defence - Conviction of one accused uls 304 (Part II) and others uls 304 (Part II) rlw s. 149 ands 323 - On appeal held: Accused were aggressors and they attacked the complainant party when they were totally unarmed - Thus, they did not have the right of private defence and could never claim ~

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