Supreme Court of India · 2016-06-03
Bhagwan Sahai vs State Of Rajasthan
- Citation / case number
- AIR 2016 SUPREME COURT 2714
- Court
- Supreme Court of India
- Petitioner
- Bhagwan Sahai
- Respondent
- State Of Rajasthan
- Author
- Shiva Kirti Singh
- Bench
- Shiva Kirti Singh, Dipak Misra
Judgment text excerpt
The Supreme Court upheld the High Court's decision to set aside the conviction of the appellants under Sections 307 and 307/34 IPC, while affirming their conviction under Section 308/34 IPC, which entails a lesser degree of culpability. The Court emphasized the right of private defense, noting that the trial court failed to adequately consider the injuries sustained by the appellants and their family members during the incident. The appellants were sentenced to two years of rigorous imprisonment for the Section 308/34 IPC conviction, along with fines, while lesser sentences for Sections 323 and 324 IPC were maintained.