BHAJAN SINGH vs STATE OF PUNJAB

The Supreme Court, while allowing the appeal partly, held that under Section 2(a) of the Supreme Court (Enlargement of Criminal Appellate Jurisdiction) Act, 1970, an accused acquitted by the trial court is entitled to appeal to the Supreme Court if convicted by the High Court. The Court emphasized that it must decide the case on its merits, irrespective of the High Court's grounds for interference. The Court found that the accused failed to establish the right of private defense and that the injuries inflicted on the deceased indicated that the common object of the unlawful assembly was to cause grievous hurt, not murder, leading to the conclusion that the appellants were not guilty under Section 302 IPC but could be held liable under Section 326 IPC instead.