Supreme Court of India · 1975-03-19
STATE OF GUJARAT vs BAI FATIMA & ANR.
- Citation / case number
- SC 1971/60189
- Court
- Supreme Court of India
- Petitioner
- STATE OF GUJARAT
- Respondent
- BAI FATIMA & ANR.
- Author
- N.L. UNTWALIA
- Bench
- N.L. UNTWALIA
Judgment text excerpt
The Supreme Court held that the High Court erred in acquitting the respondents under the premise of private defense as there was no evidence to support such a claim. The Court emphasized that the actions of respondent No. 1 constituted a deliberate counterattack intended to cause serious injury, thus negating any right to private defense under Section 304 IPC. The Court reinstated the conviction of respondent No. 1 under Section 304 IPC and respondent No. 2 under Section 323 read with Section 144 IPC, allowing the State's appeal.