Supreme Court of India · 2002-07-30
Sitaram Besra And Ors. vs State Of Bihar
- Citation / case number
- AIRONLINE 2002 SC 48
- Court
- Supreme Court of India
- Petitioner
- Sitaram Besra And Ors.
- Respondent
- State Of Bihar
- Bench
- U.C. Banerjee, B.N. Agrawal
Judgment text excerpt
The appellants challenged their conviction under Section 302 read with Section 149 of the IPC, seeking to reduce the sentence to Section 304 Part II based on the plea of private defence of property under Section 97 IPC. The Supreme Court examined whether the appellants' actions were protected by the right of private defence given that the prosecution party were the alleged aggressors on the land. The Court considered the restrictions imposed by Section 99 IPC which limit the exercise of the right of private defence.