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Head Note

Constitution of India, 1950  - Article 136

Appellate court would interfere with the order of acquittal only when the court below ignores or overlooks important circumstances and proved facts and misapplies the principles of criminal jurisprudence or tries to gloss over them.

Indian Penal Code,1860  - Section 302

Murder - Right of Private Defence - Law does not confer a right of self-defence on a man when he himself was the aggressor - Complainant party were not armed with lethal weapons; but the appellant was armed with a pistol - When the appellant and his party were the aggressors firing several rounds of firearm, the High Court rightly held that the plea of self defence raised by the accused is not sustainable.

Topic(s)-Murder - No right of private defence to aggressor