https://www.taxtmi.com/caselaws?id=458184 The right of private defence is a strictly defensive plea that the accused must establish on a preponderance of probabilities, and it may arise even from prosecution evidence; however, it cannot rest on conjecture and must be supported by the surrounding facts showing reasonable apprehension of death or grievous hurt. Applying that standard, the Court held that the plea was not established to the extent accepted below. Even if some basis for defence existed, the response went beyond what was necessary for protection, and minor inconsistencies or superficial injuries on the accused did not displace the prosecution case. The conviction was restored in modified form under Section 304 Part I IPC, with the acquittal set aside. en-us Fri, 22 Aug 2008 00:00:00 +0530 Mon, 14 Oct 2024 11:17:31 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=458184 The right of private defence is a strictly defensive plea that the accused must establish on a preponderance of probabilities, and it may arise even from prosecution evidence; however, it cannot rest on conjecture and must be supported by the surrounding facts showing reasonable apprehension of death or grievous hurt. Applying that standard, the Court held that the plea was not established to the extent accepted below. Even if some basis for defence existed, the response went beyond what was necessary for protection, and minor inconsistencies or superficial injuries on the accused did not displace the prosecution case. The conviction was restored in modified form under Section 304 Part I IPC, with the acquittal set aside. Case-Laws Indian Laws Fri, 22 Aug 2008 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=458184