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july 1963

Supreme Court of India · 1963-07-31

CHERUBIN GREGORY vs THE STATE OF BIHAR

Citation / case number
SC 1962/157
Court
Supreme Court of India
Petitioner
CHERUBIN GREGORY
Respondent
THE STATE OF BIHAR
Bench
AYYANGAR, N. RAJAGOPALA

Judgment text excerpt

The Supreme Court upheld the conviction of the appellant under Section 304A of the Indian Penal Code for causing the death of a woman through negligence. The Court ruled that the appellant's claim of private defense under Sections 99 and 103 IPC was not valid, as the injury caused by the trap he set was not justifiable. It established that a trespasser is not an outlaw and cannot be subjected to personal injury by indirect means, emphasizing the duty of care owed by property owners to trespassers.

CHERUBIN GREGORY vs THE STATE OF BIHAR · Niyam