Supreme Court of India

Periasami and Anr. v. State of Tamil Nadu

Neutral citation
Bench Dr. A.S. Anand and K.T. Thomas JJ.
Decided 25 September 1996

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

9 Supreme Court benches have cited this judgment.

From the headnote

Oiminal Law : Evidence Act, 1872: Sections 101 and 105. c Burden of Proof-Benefit of general exception-Right to private defence-Availing of-Held : Initial burden on prosecution to prove that accused committed the offence charged against-Presumption regarding ab­ sence of circumstances bringing the case within the exception does not dis­ place the traditional burden of the prosecution--Accused can discharge the burden by ''preponderance of probabilities" unlike the prosecution--But there is no presumption that an accused is the aggressor in every case of homicide.

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