GENERAL EXCEPTIONS- DEFENCE

Question 1

Mohinder Pal Jolly v state of Punjab

Answer 1

1. industrialist shot workers who were throwing stones at him.
2. right to PD exceeded- more force than was necessary

Question 2

omkarnath v state of UP

Answer 2

1. Accused charged at a man with murderous assault when he was fleeing in the firstplace.
2. Right to PD- Exceeded- threat no longer existed

Question 3

vishwanath v state of up

Answer 3

1. deceased husband tried to abduct wife. brother of wife stabbed him.
2. right to pd under 100(5) allowed

Question 4

munney khan v state

Answer 4

1. all provisions of right to PD have to be read tg for scope and limits
2. no right to pd against aggressor

Question 5

amjad khan v state

Answer 5

1. dispute between sindhi refugees and muslims. SR tried to loot shops and threatened to kill family. accused shot for defence.
2. right to pd granted- reasonable apprehension+proportionality+no time for proper recourse to authorities

Question 6

list out cases in right to pd

Answer 6

1. mohinder pal jolly v state of punjab
2. omkarnath v state of up
3. amjad khan v state
4. vishwanath v state
5. munney khan v state