Supreme Court of India · 2006-08-24
SURENDRA vs STATE OF MAHARASHTRA
- Citation / case number
- SC 2003/25986
- Court
- Supreme Court of India
- Petitioner
- SURENDRA
- Respondent
- STATE OF MAHARASHTRA
- Author
- S.B. SINHA
- Bench
- DALVEER BHANDARI S.B. SINHA
Judgment text excerpt
The Supreme Court upheld the conviction of the Appellants under Section 302 read with Section 34 IPC for the murder of Devaji, affirming the findings of the Sessions Judge and High Court. The Court noted that the Appellants failed to establish a valid claim of private defense, as the evidence did not support their assertion that they were attacked first. The Court emphasized that the burden of proof for justifying self-defense lies with the accused, which they did not satisfactorily meet, resulting in the dismissal of their appeal.