Supreme Court of India · 2005-10-28
BISHNA @ BHISWADEB MAHATO vs STATE OF WEST BENGAL
- Citation / case number
- SC 2003/4916
- Court
- Supreme Court of India
- Petitioner
- BISHNA @ BHISWADEB MAHATO
- Respondent
- STATE OF WEST BENGAL
- Author
- S.B. SINHA
- Bench
- R.V. RAVEENDRAN S.B. SINHA
Judgment text excerpt
The Supreme Court examined the applicability of the right to private defense under Section 96 of the Indian Penal Code (IPC) in the context of a violent altercation over agricultural land. The Court held that the accused's claim of private defense was not substantiated as the evidence indicated that they initiated the attack, leading to the death of Prankrishna. The Court upheld the conviction of the accused under Section 302 IPC for murder, affirming the lower court's decision.