7 months, 4 weeks ago

Armed With Lethal Weapon, Exceeded Right Of Private Defence: Punjab & Haryana High Court Dismisses Plea Challenging Murder Conviction

Live Law

The Punjab & Haryana High Court has refused to interfere with a murder conviction from 2003, observing that the accused persons exceeded the right to private defence as they were armed with lethal weapons during a scuffle with the deceased. Justice Sureshwar Thakur and Justice Sudeepti Sharma observed, "Given the superior numerical strength of the accused party, vis-a-vis, the. Justice Sureshwar Thakur and Justice Sudeepti Sharma observed, "Given the superior numerical strength of the accused party, vis-a-vis, the numerical strength of the complainant party, besides with the complainant party not being so well armed, as were the accused party, thereby the accused party did exceed their right of private defence of body, and, of property. "Given the superior numerical strength of the accused party, vis-a-vis, the numerical strength of the complainant party, besides with the complainant party not being so well armed, as were the accused party, thereby the accused party did exceed their right of private defence of body, and, of property," the Court noted.

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History of this topic

1 month, 3 weeks ago

Gurugram School Murder Case | Punjab & Haryana HC Sets Aside Order Declining Sanction To Prosecute SIT Members Accused Of Framing Bus Conductor

Live Law

The Punjab & Haryana High Court has set aside an order refusing to grant sanction to prosecute the four members of the Special Investigation Team constituted by the Commissioner of Police, accused of framing a school bus conductor in the Gurugram school student murder case.In 2017, a 7-year-old boy was found dead in a school in Gurugram. The Punjab & …

2 months ago

SC orders Haryana to pay ₹500,000 each to 3 men wrongly convicted of murder

Hindustan Times

NEW DELHI: The Supreme Court on Wednesday directed the Haryana government to pay ₹5 lakh each in compensation to three men who were wrongfully convicted of murder and sentenced to life imprisonment, holding the public prosecutor responsible for the miscarriage of justice and highlighting systemic flaws in the appointment of prosecutors based “solely on political considerations” rather than merit. The …

2 months, 2 weeks ago

Private Defence Must Be Strictly Preventive, Not Punitive Or Retributive In Nature: Supreme Court

Live Law

The Supreme Court observed that private defence must be strictly preventive and not punitive or retributive. Reliance was placed upon Darshan Singh v. State of Punjab and another 2 Supreme Court Cases 333, wherein the Court summarised the principles for the right of private defence. Even if we were to assume that the initial actions were taken in self-defense, although …

4 months, 1 week ago

Motive Need Not Be Proved When Prosecution Case Is Proved By Credible Eye-Witness: Punjab & Haryana HC Upholds Conviction For Double Murder

Live Law

The Punjab and Haryana High Court upheld the conviction in a double murder case wherein the convict was sentenced to life for shooting his mother-in-law and brother-in-law dead in 2012.Justice Sureshwar Thakur and Justice Sudeepti Sharma said, "the non proof of motive by the prosecution looses its vigour, thus on the ground, that the motive may be required to be …

4 months, 3 weeks ago

Punjab & Haryana High Court Awards Life Sentences To Three Army Officers In 1998 Murder Case

Live Law

The Punjab & Haryana High Court has convicted three formers army officers and another in a 1998 murder case, wherein they shot a man dead in Haryana's Sonepat.The Court while overturning the trial court's decision of acquittal granted to the convicts, rejected the plea of alibi taken by the army officers. The Punjab & Haryana High Court has convicted three …

2 years, 3 months ago

Punjab & Haryana HC Shocked At Failure Of Cops To Depose In NDPS Case Despite Repeated Warrants, Grants Bail To Accused

Live Law

The Punjab and Haryana High Court recently expressed its dismay over the conduct of Police officials, who were the official witnesses in a NDPS case, for not deposing despite issuance of multiple bailable, non-bailable and arrest warrants. A single bench of Justice Jasgurpreet Singh Puri remarked, "It is actually very surprising that the police officials were summoned by way of …

2 years, 8 months ago

Can Life Sentence Be Reduced By Giving Benefit Of Right To Private Defence While Maintaining Murder Conviction ? : SC Issues Notice

Live Law

Can a High Court, while maintaining murder conviction, reduce the life sentence to that already undergone, by giving the benefit of right to private defence?The Supreme Court might examine this issue in a special leave petition filed by the State of Madhya Pradesh against a Madhya Pradesh High Court judgment.In this case, the trial Court convicted Nandu @ Nandua and. …

2 years, 9 months ago

Accused Taking Plea Of Self Defence Need Not Prove It Beyond Reasonable Doubt: Supreme Court

Live Law

The Supreme Court observed that an accused who takes up the plea of self defence need not prove it beyond reasonable doubt and that it would suffice if he could show that the preponderance of probabilities.The accused, who was serving in the BSF, had allegedly caused the death of a civilian namely Nandan Deb. The Supreme Court observed that an …

2 years, 11 months ago

"Right Of Private Defence Theory Not Acceptable" : Allahabad High Court Upholds Life Sentence In A 41 Year Old Murder Case

Live Law

Rejecting the theory put up by a convict of Right To Private defence, the Allahabad High Court UPHELD the life imprisonment awarded by the trial court to the convict/Raj Kumar in a 41-year-old murder case.The Bench of Justice Ramesh Sinha and Justice Saroj Yadav however, SET ASIDE the conviction of appellant no. Rejecting the theory put up by a convict …

8 years, 9 months ago

Supreme Court didn’t expand the boundaries of Self Defence; Just applied the 157 Year Old Law

Live Law

A report in Yesterday’s Times of India titled ‘SC expands scope of right to self-defence’ reads as follows:“In a significant judgment that expands the boundaries of the right to self-defence, the Supreme Court has ruled that a person would be right in taking the law into his hands if he witnessed his parents or relatives being assaulted”.The report was based …

10 years ago

Madras HC rules that killing of criminals in self-defence will not be considered crime | IndiaTV News

India TV News

Chennai: Madras High Court on Tuesday ruled that police action “done in exercise of the right of private defence” could not be termed as an offence. The ruling came in a five year old encounter case of two criminals, Dindigul Pandi and Velu, gunned down by the policemen in an act of self-defence on February 8, 2010. The PIL on …

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