fundamental right to liberty which the State
Government has so grossly violated. Article
21'which guarantees the right to life and liberty
will ... fundamental right. This
Court answered the question thus while awarding
compensation:-
" Article 21 which guarantees the right to life and
liberty will be denuded
relevant paragraphs are as follows:-
"22. Right to life is one of the basic human rights. It is
guaranteed to every person by Article ... jail, he
continues to enjoy all his fundamental rights including the
right to life guaranteed to him under the Constitution. On being
convicted of crime
police
machinery by their illegal action infringed the valuable right of the
right of life and further had also violated the mandate of Article ... compensation."
16. The illegal detention curtailing the constitutional
right of life and liberty enshrined under Article 21 has been taken
into consideration
right of private defence serves a social purpose and
that right should be liberally construed. The Court further
stated that such a right not only ... life or
property or of grievous hurt. If it is found that there was
apprehension to life or property or of grievous hurt the
right
device for changing the socio
economic order and improving their life conditions by
conferring rights and benefits on them. The result is that
the legal ... only a mandate of
equal justice implicit in Article 14 and right to life and
liberty conferred by Article 21 , but also the compulsion
without lawful excuse. It is a
deliberate act in disregard to the rights of others. It is
an act which is taken with an oblique ... must be accorded to every accused in
the spirit of the right to life and personal liberty and
the accused must get a free
without lawful excuse. It is a
deliberate act in disregard to the rights of others. It is
an act which is taken with an oblique ... must be accorded to every accused in
the spirit of the right to life and personal liberty and
the accused must get a free
that at least the same was resorted in defence of the right of life and
property.
25. In the circumstances, we are of the considered ... deceased and injured two others in exercise of good faith of right of
property and as such, this case would fall within the Explanation
Scheduled
Tribes, they remain vulnerable. They are
denied number of civil rights. They are
subjected to various offences, indignities,
Patna High Court ... their life and property. Serious crimes
are committed against them for various
historical, social and economic reasons.
2............... When they assert their rights
and resist
aforesaid theme.
10. It has further been submitted that appellants have
rightly been convicted for an offence punishable under section 304
Part ... further been argued that right of private
defence is permissible only to the extent of protecting the life and
property and not beyond that