Supreme Court of India

Arjun v. State of Maharashtra

Neutral citation
Reported as [2012] 5 S.C.R. 661
Bench K.S. Radhakrishnan and Dipak Misra JJ.
Decided 3 May 2012

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 view that this case falls under the fourth exception to Section 300 IPC and hence it is just and proper to alter the conviction from Section 302 IPC to Section 304 Part 1 IPC and we do so.

Judgment, page 13

From the headnote

Penal Code, 1860 - ss. 96 to 106, 302, 300 Exception 4 and 304 (Part I) - Right of private defence - General principles - Explained - On facts, conviction of appellant u/s. 302 for causing murder of a person and u/s. 326 for causing grievous hurt to the wife of the deceased - Case of the defence that there was a property dispute between the parties; that the appellant as well as another accused sustained injuries; and that the deceased sustained fatal injuries due to sudden fight between the parties and the accused had to ward off the attack in his self defence - On appeal, held: Evidence

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