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.