Case Summary: A.C Gangadhar vs State of Karnataka

Author : Neha Singh

Citation: AIR 1998 SC 2381

Bench: Justice G. Nanawati, Justice S. Kurdukar

INTRODUCTION

In this case the held that there is no scope for giving any benefit of right private defense when the accused is the one who instigated the assault. The conviction of the appellant under section 326 was found proper and not excessive as the injury with axe on the head to the deceased caused a fracture corroborated by the medical evidence.

FACTS

The appellant and co-accused assaulted the deceased and his children for protesting against the accused for cutting a tree and claimed private defense. They were convicted by the trail court under section 326 IPC and was sentenced imprisonment of 1 month and fine of Rs.1000/-. The appellant filed to the high court an appeal along with other co-accused, however the high court enhanced the punishment from one month to one year. Now the appellant has approached the Supreme Court court challenging his conviction.

ISSUES

1. Whether the appellant can be convicted under section 326 of IPC?
2. Whether the appellant and the co-accused can claim private defense? 

JUDGEMENT

The appeal was dismissed and the court also cancelled the bail of the appellant with an order to serve the remaining part of the sentence.