Niyam v2 is live — start for just ₹100 — 200 credits to try

december 1978

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.

MOHINDER PAL JOLLY vs STATE OF PUNJAB · Niyam