Supreme Court of India · 1970-08-28
MUNNEY KHAN vs STATE OF MADHYA PRADESH
- Citation / case number
- SC 1968/60195
- Court
- Supreme Court of India
- Petitioner
- MUNNEY KHAN
- Respondent
- STATE OF MADHYA PRADESH
- Bench
- BHARGAVA, VISHISHTHA
Judgment text excerpt
The Supreme Court held that the appellant exceeded his right of private defence under Sections 96 to 101 IPC, resulting in culpable homicide not amounting to murder under Section 304 IPC. The Court found that while the appellant had a right to defend his brother from the deceased's aggression, the use of a knife was excessive and likely to cause death, thus constituting an offence. The judgment clarified that the right of private defence is limited and cannot be invoked for retaliatory purposes, especially in cases of free fights where the initial aggressor is not clearly identifiable.