Supreme Court of India
Udaykumar Pandharinath Jadhav @ Munna v. State of Maharashtra
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What the Court ordered
We are of the opinion that the plea of private defence is available to the appellant though it has not been specifically raised by him.
Judgment, page 4
From the headnote
Penal code, 1860 - s. 304 (Part I) - Murder - Two eye- witnesses - One of the eye-witnesses stating that deceased first attacked the accused - Accused taking the plea of private c defence - Courts below convicting the accused uls 302 - On appeal, held: Plea of private defence is available to the accused - However, he exceeded the right of private defence - Hence conviction altered to one uls 304 (Part I). Appellant-accused was prosecuted uls 302 IPC for causing death of a person. The incident was seen by two eye-witnesses. One of the eye-witnesses-<Ui his cross- examination stated that the
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