Kartar Singh v.

the State of Punjab

Equivalent citations: 1956 AIR 541, 1956 SCR 476
Bench: Bhagwati, Natwarlal H.
PETITIONER:KARTAR SINGH & OTHERSVs.
RESPONDENT:THE STATE OF PUNJAB.

Facts
1. The fight between the two parties initiated when Daya Ram, Hamela,
and Kartar Singh went to plough their field which was disputed land.
2. Darshan Singh and Nand Lal were sitting on a well and according to
the statement given by Daya Ram, Nand Lal challenged him and his
companions for the fight.
3. Both parties were injured.
4. Darshan Singh died because of the injuries.
5. The companions (around 9-10 people) who accompanied Kartar Singh
and his friends got the benefit of the doubt as there was no reliable
evidence against them.
6. The learned Sessions Judge found Kartar Singh, Hamela, and Daya
Ram guilty and so they were convicted under Section 302 read with
Section 149.
7. The three convicts appealed to the High Court, where the court
refused to give them the right of private defense as both the parties
were involved in a free fight.
8. The Court dismissed their appeal.

Issues
1 The appellant and twelve other people were tried with him had an
account of a dispute regarding the possession of a plot of land.
2The appellant assaulted Darshan and Nand Lal and because of that
Darshan died.
3Right of self-defense
4The convicts wanted to dismiss their conviction
Precedents
 Gore Lal vs State of Uttar Pradesh
In any event, on the finding of the Court of the first instance and the High
court that both the parties had prepared themselves for a free fight and had
armed themselves for that purpose, the question as to who attacks and who
defends is wholly immaterial.
 Dalip Singh vs. the State of Punjab
Now mistaken identity has never been suggested. The accused are all men
of the same village and the eyewitnesses know them by name. The murder
took place in daylight and within a few feet of the two eyewitnesses.

Judgement
By reading the judgment in the case of Kartar Singh vs the State of Punjab it
is clear that the three convicts were guilty and the court made the right
decision by sentencing them punishments and by also not providing them
with the right of private defense.

Ratio Decidendi