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april 1991

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.

MAGUNI CHARAN PRADHAN vs STATE OF ORISSA · Niyam