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PETITIONER: VADILAL PANCHAL
Vs.
RESPONDENT: DATTATRAYA DULAJI GHADIGAONKER AND ANOTHER.
DATE OF JUDGMENT: 06/05/1960
BENCH: DAS, S.K. BENCH: DAS, S.K. KAPUR, J.L. HIDAYATULLAH, M.
CITATION: 1960 AIR 1113 CITATOR INFO : R 1962 SC 876 (24,48,59) RF 1963 SC1430 (7,11) R 1972 SC2639 (22) R 1976 SC1947 (3) F 1977 SC1489 (10) E 1980 SC 962 (7) R 1983 SC 595 (8) F 1992 SC1894 (11)
ACT: Criminal Procedure--Complaint--Magistrate referring complaint to Police for report--Plea of self-defence--Magistrate dismissing complaint upholding such Plea on the basis of Police report--Legality--Indian Evidence Act, 1872 (I of 1872), S. 105--Code of Criminal Procedure, 1898 (Act 5 of 1898), SS. 200, 202, 203.
HEADNOTE: On June 3, 1956, riots broke out after a public meeting held in Bombay in connection with the re-organisation of the State of Bombay was dispersed on account of the disturbances created therein. The car in which the appellant was travelling was stopped by the crowd and some of those who surrounded the car caught hold of him by his neck and hair and wanted to drag him out of the car. The appellant then opened fire with his revolver. The respondent’s brother, S, who was hit on the chest by one of the shots fired was removed to the hospital but died befo...