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    <title>1990 (4) TMI 300 - Supreme Court</title>
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    <description>Non-explanation of injuries on the accused does not automatically vitiate the prosecution case where injured eyewitnesses give clear and trustworthy evidence and the surrounding circumstances support the occurrence. Under Section 105 of the Evidence Act, the accused may establish the benefit of private defence by direct evidence, prosecution evidence, or circumstances creating reasonable doubt; on the facts, the injuries on the accused were sufficient to bring the matter within that exception. However, the right of private defence is limited to necessity, and intentional shooting of unarmed persons exceeded that right. The offence was therefore reduced from murder to culpable homicide not amounting to murder, and the conviction was altered accordingly.</description>
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    <pubDate>Fri, 20 Apr 1990 00:00:00 +0530</pubDate>
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      <title>1990 (4) TMI 300 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=283389</link>
      <description>Non-explanation of injuries on the accused does not automatically vitiate the prosecution case where injured eyewitnesses give clear and trustworthy evidence and the surrounding circumstances support the occurrence. Under Section 105 of the Evidence Act, the accused may establish the benefit of private defence by direct evidence, prosecution evidence, or circumstances creating reasonable doubt; on the facts, the injuries on the accused were sufficient to bring the matter within that exception. However, the right of private defence is limited to necessity, and intentional shooting of unarmed persons exceeded that right. The offence was therefore reduced from murder to culpable homicide not amounting to murder, and the conviction was altered accordingly.</description>
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      <pubDate>Fri, 20 Apr 1990 00:00:00 +0530</pubDate>
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