Supreme Court of India

Vidhya Singh v State of Madhya Pradesh

(1971) 3 SCC 24419711 min read
The case in brief30-second read
Facts
The appellant was surrounded and attacked by villagers and in the fight caused the death of Moti and injuries to others.
Issue
Whether he had a right of private defence and whether he exceeded it.
Held
He had a right of private defence but exceeded it. The trial court's conviction under S.304 Part I IPC for Moti's death was restored. The right is judged from the accused's perception in the moment, not by detached scrutiny.
Principle
Private defence is judged realistically, but force wholly beyond what was needed exceeds the right.
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Facts

  • The appellant was surrounded and attacked by villagers and in the fight caused the death of Moti and injuries to others.

Issue

  1. Whether he had a right of private defence and whether he exceeded it.

Held

  • He had a right of private defence but exceeded it. The trial court's conviction under S.304 Part I IPC for Moti's death was restored. The right is judged from the accused's perception in the moment, not by detached scrutiny.

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Citation

Vidhya Singh v State of Madhya Pradesh (1971) 3 SCC 244

Reported: https://indiankanoon.org/doc/1636646/. This is an educational summary, not the judgment itself. Cite the reported version in professional or academic work.