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december 1972

Supreme Court of India · 1972-12-11

DEO NARAIN vs THE STATE OF U.P.

Citation / case number
SC 1969/60278
Court
Supreme Court of India
Petitioner
DEO NARAIN
Respondent
THE STATE OF U.P.
Bench
DUA, I.D.

Judgment text excerpt

The Supreme Court held that the appellant's act of inflicting a fatal spear injury was justified under the right of private defence as per Section 102 IPC, which allows for the use of force in response to a reasonable apprehension of danger. The Court found that the High Court erred in convicting the appellant for exceeding this right, emphasizing that the right commences with a reasonable apprehension of danger, regardless of whether a serious injury has been sustained. The appeal was allowed, and the conviction under Section 304 IPC was set aside.

DEO NARAIN vs THE STATE OF U.P. · Niyam