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october 2005

Supreme Court of India · 2005-10-04

Hafiz vs State Of U.P

Citation / case number
AIR 2006 SUPREME COURT 632
Court
Supreme Court of India
Petitioner
Hafiz
Respondent
State Of U.P
Author
S.B. Sinha
Bench
S.B. Sinha, R.V. Raveendran

Judgment text excerpt

The Supreme Court held that the High Court erred in accepting the defence of right of private defence under Section 96 IPC, as the prosecution established the guilt of the accused beyond reasonable doubt for the murder of Abdul Rahman under Section 302 IPC read with Section 34 IPC. The Court emphasized that the burden of proof lies on the accused to establish their claim of private defence, which was not satisfactorily met. Consequently, the Supreme Court overturned the High Court's judgment and restored the conviction and life sentence imposed by the Sessions Court.

Hafiz vs State Of U.P · Niyam