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february 1993

Supreme Court of India · 1993-02-23

D. DWARKA PRASHAD vs STATE OF UTTAR PRADESH

Citation / case number
SC 1981/63021
Court
Supreme Court of India
Petitioner
D. DWARKA PRASHAD
Respondent
STATE OF UTTAR PRADESH
Author
SINGH N.P.
Bench
SINGH N.P.

Judgment text excerpt

The Supreme Court addressed the appeal against the High Court's conviction under Section 302 IPC, emphasizing that in a free fight, the right of private defense is not available. The Court held that if the accused's version of events is plausible, it cannot be classified as a free fight, thus allowing for the possibility of self-defense. The Court partly allowed the appeal, indicating that the injuries on the accused were significant in assessing the case's genesis and circumstances.

D. DWARKA PRASHAD vs STATE OF UTTAR PRADESH · Niyam