Supreme Court of India
Pathubha Govindji Rathod & Anr. v. State of Gujarat
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From the headnote
Penal Code, 1860 - s. 304 (Part-I) rlw s. 149 - Fight between two groups - Cross-complaints - Resulting in conviction of the accused in both the cases [including the conviction of appellant No. 1 u/s 3021149 and of appellant No. 2 u/s 304(part /)] - Appellants taking plea of private defence - Held: The present was a case of free fight - Normally right of private defence is not available in such cases - But in view of the fact that appellant No. 1, having suffered knife injury exceeded his right to private defence, his case would be covered under Exception 2 of s. 300 /PC - Thus conviction of
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