LAWS(SC)-2002-10-80

STATE OF PUNJAB Vs. RAJ SINGH

Decided On October 10, 2002
STATE OF PUNJAB Appellant
V/S
RAJ SINGH Respondents

JUDGEMENT

(1.) The state of Punjab is in appeal against the order of reversal of conviction under section 302 IPC and sentence of life imprisonment to an order of acquittal. The High Court has dealt with the issue with a detailed judgment. The principal issue involved is whether there was any excess in the matter of exercise of right of private defence. It is on this score, the High Court stated as below:

(2.) Admittedly, the deceased had suffered grievous injuries and so are the accused persons. Dr. Gurdeep Singh proved the injuries and the High Court dealt with it in the manner as below:

(3.) It is on the basis of the aforesaid injuries that the High Court came to the conclusion that there is no escape but to accept the submissions of the appellant before the High Court to give them the benefit of exception contained in section 100, clauses first and second of the Indian Penal Code. For convenience sake the same is set out herein below: