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.