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Supreme Court of India 2019-04-23 dismissed

NAGJI ODHAVJI KUMBHAR vs THE STATE OF GUJARAT

Bench: 2 — D.Y. Chandrachud, Hemant Gupta

In Brief

Two appellants were convicted for the murder of two deceased persons who were inflicted with multiple stab wounds on vital parts, causing death. The appellants claimed the right of private defence. The Supreme Court dismissed the appeal, holding that private defence is unavailable when the assailants are unarmed—as the appellants themselves admitted in their first statement. The appellants were armed with spears and weapons while the deceased had none. The multiple stab wounds on vital parts demonstrated premeditation, ruling out a spontaneous self-defence claim. Conviction under Section 302 IPC was upheld.

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Criminal Law Indian Penal Code Murder Private Defence Self-Defence Premeditation Homicide

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