HARIHAR YADAV Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This appeal is directed against the judgment dated 12th of January, 1998 passed in Sessions Trial No. 314/96 by the First Additional Sessions Judge, Ambikapur, District Surguja. By the impugned judgment, the appellant has been convicted u/S 302 IPC and sentence to undergo imprisonment for life.

(2.) The facts, briefly stated, are as under:-

(3.) Mr. Rakesh Pandey, learned counsel appearing on behalf of the appellant, has argued that the accused had inflicted above injuries in right of private defence of person and property, therefore, an offence u/S 302 IPC would not be made out. Alternatively, he argued that it may be a case of exceeding of right of private defence, therefore, the accused may be punished for commission of an offence of culpable homicide not amounting to murder.