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january 1970

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.

GOTTIPULLA VENKATA SIVA SUBRAYANAM & ORS. vs STATE OF ANDHRA PRADESH & ANR. · Niyam