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august 2006

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.

SURENDRA vs STATE OF MAHARASHTRA · Niyam