Supreme Court of India
Shriram v. State of Madhya Pradesh
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From the headnote
Penal Code, 1860 : Section 97-Right of private defence-Existence of-Relevant factors to be considered-Held: Mere injuries on the body of the accused did not lead to the presumption that the accused had caused injuries in the exercise of his right of private defence-Right of private defence not to be based on surmises and speculation-The injuries receivd by the accused, the imminence of threat to his safety and the injuries caused by the accused are all relevant factors to determine whether right of private defence was available or not. Criminal Trial : Injuries on the accused-Non-explanation
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