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march 1975

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.

STATE OF GUJARAT vs BAI FATIMA & ANR. · Niyam