Supreme Court of India
Rajpal and Anr v. State of Haryana
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What the Court ordered
In view of the above discussion, we are of the opinion that the benefit of doubt has to be given to the appellants.
Judgment, page 9
From the headnote
i Penal Code, 1860; Ss. 34 & 302/Code of Criminal Procedure, 1973; _... s. 313: Murder-Right to private defence-Held: Accused allegedly gave a c lathi blow and a pharsi blow on the head of the deceased- pharsis causes an incised wound, however, no incised wound found on the body of the deceased as is evident from the post mortem report-Thus, there is a clear inconsistency between ocular version and medical version-Accused admitting that they did attack the deceased but they did so in their self-defence- Prosecution failed to explain the injury on the accused -Non-explanation of injuries is
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