Pappu @ Sohanvir vs State Of U.P. on 21 June, 2022
"24. A Bench of this Court in the case of Mohinder Pal Jolly v. State of Punjab [1979 AIR SC 577], stating this distinction with some clarity, held as under :
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Mohinder Pal Jolly vs State Of Punjab on 14 December, 1978
Siri Harijan And Another vs State on 31 August, 2022
"24. A Bench of this Court in the case of Mohinder Pal Jolly v. State of Punjab [1979 AIR SC 577], stating this distinction with some clarity, held as under :
Raeesuddin vs State on 5 October, 2018
"24. A Bench of this Court in the case of Mohinder Pal Jolly v. State of Punjab [1979 AIR SC 577], stating this distinction with some clarity, held as under (SCC pp. 36-37 para 11):
Ram Baran Roy vs The State Of Bihar on 30 January, 2014
(1968) 2 SCR 455,
State of Gujarat v. Bai Fatima,(1975) 2 SCC 7, State
of U.P. v. Mohd. Musheer Khan, (1977) 3 SCC
562, and Mohinder Pal Jolly v. State of
Punjab,(1979) 3 SCC 30.) Sections 100 to 101 define
the extent of the right of private defence of body. If a
person has a right of private defence of body under
Section 97, that right extends under Section 100 to
causing death if there is reasonable apprehension
that death or grievous hurt would be the
consequence of the assault.
Pankaj Ishwar & Ors vs The State Of Bihar on 30 January, 2014
(1968) 2 SCR 455,
State of Gujarat v. Bai Fatima,(1975) 2 SCC 7, State
of U.P. v. Mohd. Musheer Khan, (1977) 3 SCC
562, and Mohinder Pal Jolly v. State of
Punjab,(1979) 3 SCC 30.) Sections 100 to 101 define
the extent of the right of private defence of body. If a
person has a right of private defence of body under
Section 97, that right extends under Section 100 to
causing death if there is reasonable apprehension
that death or grievous hurt would be the
consequence of the assault.
Kali Prasad vs State Of U.P. on 10 May, 2022
"24. A Bench of this Court in the case of Mohinder Pal Jolly v. State of Punjab [1979 AIR SC 577], stating this distinction with some clarity, held as under :
Kali Prasad vs State Of U.P. on 10 May, 2022
"24. A Bench of this Court in the case of Mohinder Pal Jolly v. State of Punjab [1979 AIR SC 577], stating this distinction with some clarity, held as under :
Manoj Kumar Sharma vs State Of U.P. on 31 May, 2022
"24. A Bench of this Court in the case of Mohinder Pal Jolly v. State of Punjab [1979 AIR SC 577], stating this distinction with some clarity, held as under :
Sanjay Subba vs State Of Sikkim on 27 November, 2017
In re: Mohinder Pal Jolly v. State of Punjab27 the Apex Court
would hold:-
Dr. Arvind Kumar Singh @ Dr. A.K. Singh ... vs State Of U.P. And Another on 4 March, 2021
24. A Bench of this Court in Mohinder Pal Jolly v. State of Punjab [(1979) 3 SCC 30 : 1979 SCC (Cri) 635 : AIR 1979 SC 577] stating this distinction with some clarity, held as under: (SCC pp. 36-37, para 11)
"11. A question now arises whether the appellant was guilty under Part I of Section 304 or Part II. If the accused commits an act while exceeding the right of private defence by which the death is caused either with the intention of causing death or with the intention of causing such bodily injury as was likely to cause death then he would be guilty under Part I. On the other hand if before the application of any of the Exceptions of Section 300 it is found that he was guilty of murder within the meaning of clause 'Fourthly', then no question of such intention arises and only the knowledge is to be fastened on him that he did indulge in an act with the knowledge that it was likely to cause death but without any intention to cause it or without any intention to cause such bodily injuries as was likely to cause death. There does not seem to be any escape from the position, therefore, that the appellant could be convicted only under Part II of Section 304 and not Part I."