Badam and others Versus State of M.P.

Madhya Pradesh High Court (Single Judge)

CRA, 701 of 2004, Judgment Date: Jul 20, 2017

• Plea of Right of Private Defence – Even if the plea of Right of Private Defence is not specifically taken by accused, benefit can be given if the Right of Private Defence can be gathered from surrounding circumstances.
• 307 or 308 of IPC - Complainant tried to irrigate the landallotted to the accused – Complainant party was unarmed – Several injuries caused to injured persons -Accused exceeded Right of Private Defence – However,convicted under Section 308 of IPC instead of underSection 307 of IPC.

Badam and others Versus State of M.P.