Supreme Court of India
Ananta Deb Singha Mahapatra and Ors. v. State of West Bengal
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From the headnote
Penal Code, 1860 : ss. 96, 97, 99, JOO and JOI-Exception to offence-Right of private defence-Limit and extent of-Death of the victim of assault-Accused convicted u/ss. 304 (Part 11)1149 and 3231149, claiming right of private defence-Held: On facts, as a result of assault by accused, when victim fell down and there was none to attack the accused, and even then they went on assaulting him, and caused more harm than was necessary, they were rightly found by Courts below guilty of death of the victim-Evidence Act, 1872-s. 105 Evidence Act, 1872: s. 105-Plea of private defence-Burden of
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