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april 1975

Supreme Court of India · 1975-04-25

PURAN SINGH & ORS. vs STATE OF PUNJAB

Citation / case number
SC 1981/63848
Court
Supreme Court of India
Petitioner
PURAN SINGH & ORS.
Respondent
STATE OF PUNJAB
Author
SYED MURTAZA FAZALALI
Bench
SYED MURTAZA FAZALALI

Judgment text excerpt

The Supreme Court held that the appellants, convicted under Section 302 and Section 326 read with Section 149 IPC, could not claim the right of private defense as they were not in settled possession of the disputed land. The Court clarified that settled possession requires effective, undisturbed possession known to the true owner, and that the trespasser must have grown crops to establish such possession. The High Court's interpretation was found to be incorrect, leading to the appeal being allowed and the convictions being overturned.

PURAN SINGH & ORS. vs STATE OF PUNJAB · Niyam