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august 2008

Supreme Court of India · 2008-08-01

Satya Narain Yadav vs Gajanand & Anr

Citation / case number
AIR 2008 SUPREME COURT 3284
Court
Supreme Court of India
Petitioner
Satya Narain Yadav
Respondent
Gajanand & Anr
Author
Arijit Pasayat
Bench
Mukundakam Sharma, Arijit Pasayat

Judgment text excerpt

The Supreme Court examined the acquittal of Gajanand by the Rajasthan High Court, which was based on the claim of exercising the right of private defence under Section 96 IPC. The Court held that the High Court erred in accepting the defence's argument, as the evidence did not substantiate the claim of private defence in the context of the fatal assault on the deceased. Consequently, the Supreme Court set aside the High Court's judgment and restored the conviction under Section 302 IPC, emphasizing the need for a proper assessment of the circumstances surrounding the incident.

Satya Narain Yadav vs Gajanand & Anr · Niyam