Supreme Court of India · 1970-01-19
GOTTIPULLA VENKATA SIVA SUBRAYANAM & ORS. vs STATE OF ANDHRA PRADESH & ANR.
- Citation / case number
- SC 1967/143
- Court
- Supreme Court of India
- Petitioner
- GOTTIPULLA VENKATA SIVA SUBRAYANAM & ORS.
- Respondent
- STATE OF ANDHRA PRADESH & ANR.
- Bench
- DUA, I.D.
Judgment text excerpt
The Supreme Court held that the right of private defence under Sections 96 to 106 of the Indian Penal Code does not apply when the accused initiated the aggression. The Court found that the occupiers, who claimed to be unarmed, were likely armed and had the opportunity to seek legal recourse before resorting to force. The High Court's conviction of the accused under Sections 147 and 148 IPC, as well as for murder and grievous hurt, was upheld, establishing that the aggressor cannot claim self-defence.