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Supreme Court of India 2016-06-03 allowed

Bhagwan Sahai & Anr vs State of Rajasthan

Bench: 2 — Shiva Kirti Singh

In Brief

Two brothers were convicted by the High Court of Rajasthan under sections 308/34 and 323-324 IPC for assault, after an earlier acquittal on more serious charges (307 IPC). Their defence was that their family members were attacked first and their father died from injuries sustained in that assault. The Supreme Court allowed their appeal and acquitted them entirely, holding that when the prosecution fails to explain the origin of the occurrence and cannot account for serious injuries sustained by the accused (including fatal injuries to the accused's father), the court must grant them the benefit of doubt and recognize their right of private defence. The judgment clarified that adverse inferences against the prosecution cannot be bypassed merely by labeling the matter a 'free fight' where the factual circumstances support localized injury."

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