Supreme Court of India · 2005-10-28
Bishna @ Bhiswadeb Mahato & Ors vs State Of West Bengal
- Citation / case number
- AIR 2006 SUPREME COURT 302
- Court
- Supreme Court of India
- Petitioner
- Bishna @ Bhiswadeb Mahato & Ors
- Respondent
- State Of West Bengal
- Author
- S.B. Sinha
- Bench
- S.B. Sinha, R.V. Raveendran
Judgment text excerpt
The Supreme Court examined the applicability of Section 148 IPC concerning unlawful assembly and the right to private defense. The Court held that the acquittal of the accused under various charges was erroneous as the evidence established their involvement in the assault leading to the death of Prankrishna. The Court overturned the lower court's decision, convicting the accused under Section 302 IPC for murder and Section 148 IPC for rioting, emphasizing that the right to private defense cannot be claimed when the accused initiated the attack.