Supreme Court of India
Dharminder v. State of Himachal Pradesh
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.
What the Court ordered
In the result all the appeals -viz filed by Durga Nand and Dharminder against their conviction and the one filed by the State of l:limachal.
Judgment, page 15
From the headnote
Penal Code, 1860-Ss. 302134. 307134, 323134-Conviction under Deceased fired gun shot injuring accused lo save his son-Plea of self defence by accused alleging aggression on the part of the deceased-'-On appeal, held-The facts of the case prove prosecution case-Plea of accused not proved even on the test of pre-ponderance of prob.abilities-Hence judgment of Courts below justified Penal Code, 18601 Evidence Act, 1872-Chapter IV I Section 105- Right to self defence of accused-Onus of proof-Held, onus to establish the right of self-defence is not as onerous as that of the prosecution to prove
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