Supreme Court of India
Nagji Odhavji Kumbhar & Anr. v. State of Gujarat
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From the headnote
Penal Code, 1860: ss. 302 and 324 r/w s. 34 – Prosecution under – Death of two persons and injuries to two – Injuries also received by the accused – Cross-case by the accused – Conviction by courts below – In appeal, plea taken that the accused acted in private defence and at the spur of the moment without pre-meditation – Held: There is no evidence that the deceased were armed with any weapon – In view of the evidence of injured witnesses that the accused were armed with spears and other weapons and since the deceased were not armed, right of private defence is not available to the accused…
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