2009 AIR SCW 5497 ::2009 (6) All LJ 382 ::2009 (6) ALJ 382 ::(2009) 4 DLT(CRL) 516 ::(2009) 4 CurCriR 423 ::(2009) 3 AllCriR 2661 ::(2010) 1 Mad LJ(Cri) 136 ::2009 (14) SCC 701 ::2010 (2) SCC (Cri) 228 ::(2009) 4 RecCriR 985 ::(2009) 9 Scale 185 ::AIR 2009 SC (Supp) 1731 ::(2009) 80 AllIndCas 253 (SC)

Supreme Court Of India

(From : Allahabad)*

Hon'ble Judge(s): V. S. Sirpurkar, R. M. Lodha , JJ

(A) Penal Code (45 of 1860) , S.149, S.300, S.101— Unlawful assembly and murder - Proof - Appellants armed with ballam, gandasa and lathi allegedly assaulted deceased persons - Plea of private defence raised by appellants/accused - Accused persons were more than five - And had formed unlawful assembly - They shared common object of committing murder - Deceased were unarmed when they asked accused persons as to why they had harvested standing crop - They had neither put person nor property of accused in peril - Accused were aggressors and had no right of private defence - Conviction of appellants is proper. (Para 24 25 26) (B) Penal Code (45 of 1860) , S.101— Private defence - Plea as to - Not required to be proved by accused beyond reasonable doubt - What is required of Court is to examine probabilities in appreciating such a plea. (Para 24) .....