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.