VidhiSangh

Supreme Court of India · 23/04/2019

NAGJI ODHAVJI KUMBHAR & ANR. versus STATE OF GUJARAT

[2019] 6 S.C.R. 249 · 2019 INSC 557

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Summary

The Supreme Court upheld murder convictions arising from a dispute over a right of way. Although the appellants had sustained injuries and lodged a cross-case, their first account did not attribute weapons to the deceased. Injured eyewitnesses and medical evidence established spear attacks causing multiple fatal chest wounds. On these facts, the plea of private defence failed, and the number and location of the wounds also defeated the alternative request to reduce the conviction to culpable homicide.

Issues

  1. Whether the appellants’ injuries and cross-case established private defence extending to causing death.
  2. Whether the fatal attacks warranted reduction from murder to culpable homicide.

Held

Result

Criminal appeal dismissed. Convictions and life sentences under Section 302 IPC upheld; the existing conviction under Section 324, for which no separate punishment had been imposed, remained undisturbed.

Judgment PDF: Supreme Court of India, [2019] 6 S.C.R. 249.