Supreme Court of India · 1991-04-04
MAGUNI CHARAN PRADHAN vs STATE OF ORISSA
- Citation / case number
- SC 1979/62824
- Court
- Supreme Court of India
- Petitioner
- MAGUNI CHARAN PRADHAN
- Respondent
- STATE OF ORISSA
- Author
- A.M. AHMADI
- Bench
- A.M. AHMADI
Judgment text excerpt
The Supreme Court held that while a rightful owner has the right to defend their property against trespassers under Sections 97, 103, and 105 of the IPC, the appellant abused this right by inflicting fatal blows on an unarmed trespasser, which constituted murder under Section 302 IPC. The Court affirmed the High Court's conviction, emphasizing that the appellant's actions were not justified as self-defense since the deceased posed no immediate threat. The appeal was dismissed, and the appellant was ordered to serve his sentence.