State of U.P. v. Ram Swarup

State of U.P. v. Ram Swarup

State of U.P. v. Ram Swarup

Date of Decision: May 2, 1974
Facts: On the morning of June 7, 1970, in the sabzi-mandi at Badaun, Uttar
Pradesh, Ram Swarup and Ganga Ram went to Sahib Datta’s house with a gun
to kill him. Sahib Datta acted in self-defence and shot Ram Swarup at point-
blank range, killing him. Ganga Ram was also injured in the incident. The trial
court convicted Ram Swarup under Section 302 of the Indian Penal Code and
sentenced him to death, whereas Ganga Ram was sentenced to life imprisonment.

The High Court of Allahabad acquitted Ganga Ram and Ram
Swarup in an appeal filed by them and dismissed the appeal filed by the State
Government. The State of Uttar Pradesh appealed to the Supreme Court of
India. The Supreme Court observed that if a person goes with a gun to kill
another, the intended victim is entitled to act in self-defence, and if he so acts,
there is no right in the aggressor to claim the right of private defence. Therefore,

the court upheld the acquittal of Ganga Ram and Ram Swarup.
Issues: Whether Sahib Datta acted in self-defence when he shot Ram Swarup
at point-blank range, killing him, and whether Ganga Ram was also injured in
the incident. Whether the trial court’s conviction of Ram Swarup under Section
302 of the Indian Penal Code and sentencing him to death, and Ganga Ram’s
sentencing to life imprisonment, were appropriate.

Whether the High Court of Allahabad’s acquittal of Ganga Ram and Ram Swarup in an appeal filed by
them and dismissal of the appeal filed by the State Government was
appropriate.

Whether the Supreme Court of India’s observation that if a person
goes with a gun to kill another, the intended victim is entitled to act in self-
defence, and if he so acts, there is no right in the aggressor to claim the right of

private defence, was appropriate. Whether the Supreme Court of India’s
upholding of the acquittal of Ganga Ram and Ram Swarup was appropriate.

Holding: The Supreme Court of India held that Sahib Datta acted in self-
defence when he shot Ram Swarup at point-blank range, killing him, and that
Ganga Ram was also injured in the incident. The court held that the trial court’s
conviction of Ram Swarup under Section 302 of the Indian Penal Code and
sentencing him to death, and Ganga Ram’s sentencing to life imprisonment,
were not appropriate.

The court held that the High Court of Allahabad’s acquittal of Ganga Ram and Ram Swarup in an appeal filed by them and dismissal of the appeal filed by the State Government was appropriate. The
court held that if a person goes with a gun to kill another, the intended victim is
entitled to act in self-defence, and if he so acts, there is no right in the aggressor
to claim the right of private defence. The court upheld the acquittal of Ganga
Ram and Ram Swarup.

Disposition: The disposition of the case State of U.P. v. Ram Swarup (1974) 4
SCC 764: AIR 1974 SC 1570 is that the Supreme Court of India upheld the
acquittal of Ganga Ram and Ram Swarup, who were accused of going to Sahib
Datta’s house with a gun to kill him. Sahib Datta acted in self-defence and shot
Ram Swarup at point-blank range, killing him, and Ganga Ram was also injured
in the incident. The trial court convicted Ram Swarup under Section 302 of the
Indian Penal Code and sentenced him to death,

whereas Ganga Ram was sentenced to life imprisonment. The High Court of Allahabad acquitted Ganga
Ram and Ram Swarup in an appeal filed by them and dismissed the appeal filed
by the State Government. The State of Uttar Pradesh appealed to the Supreme
Court of India, which upheld the acquittal of Ganga Ram and Ram Swarup.
Summary: State of U.P. v. Ram Swarup (1974) 4 SCC 764: AIR 1974 SC 1570
is a case that deals with the issue of right of private defence as provided to a
person under Sections 99 and 100 of the Indian Penal Code. Ram Swarup and

Ganga Ram went to Sahib Datta’s house with a gun to kill him. Sahib Datta
acted in self-defence and shot Ram Swarup at point-blank range, killing him.

Ganga Ram was also injured in the incident. The trial court convicted Ram
Swarup under Section 302 of the Indian Penal Code and sentenced him to death,
whereas Ganga Ram was sentenced to life imprisonment. The High Court of
Allahabad acquitted Ganga Ram and Ram Swarup in an appeal filed by them
and dismissed the appeal filed by the State Government. The State of Uttar
Pradesh appealed to the Supreme Court of India,

which upheld the acquittal of Ganga Ram and Ram Swarup. The court observed that if a person goes with a gun to kill another, the intended victim is entitled to act in self-defence, and if
he so acts, there is no right in the aggressor to claim the right of private defence.