Supreme Court of India · 1978-12-14
MOHINDER PAL JOLLY vs STATE OF PUNJAB
- Citation / case number
- SC 1972/60486
- Court
- Supreme Court of India
- Petitioner
- MOHINDER PAL JOLLY
- Respondent
- STATE OF PUNJAB
- Author
- N.L. UNTWALIA
- Bench
- N.L. UNTWALIA
Judgment text excerpt
The Supreme Court held that the appellant, a factory owner, could only be convicted under Part-II of Section 304 IPC and not Part-I, as he exceeded his right of private defense of property. The Court found that while the appellant had the right to defend his property, the use of deadly force was not justified under the circumstances, as the workers did not pose an imminent threat to his life. The High Court's conviction was upheld, affirming that the appellant's actions fell under Exception 2 to Section 300 IPC, which pertains to culpable homicide not amounting to murder.