LAW FOR ALL

Sec.302 IPC -vs- Section 304 Part I of IPC - Disputes over the properties - Sudden fight - Exceeding private defence - sec.34 IPC not applicable- Trail court convicted under sec.302 IPC - High court converted to sec.304 part 1 of IPC- Apex court held that The facts in the present case, as we understand, are similar to the factual score in the aforesaid case because the right of private defence had only been exceeded by Rajkumar. In such a case, the guilt of each of the accused, who had exceeded the right of private defence,has to be dealt with separately. The matter would have been totally different, had the right of private defence did not exist at all or the accused persons had done any overt act. Thus, in our considered opinion, the constructive liability, as envisaged under Section 34 IPC, is not attracted.In view of our aforesaid analysis, we do not perceive any merit in these appeals and, accordingly, they are dismissed.= State of Rajasthan ...Appellant Versus Manoj Kumar ...Respondent= 2014 judis.nic.in/supremecourt/filename=41407